How Do I Fight a False Protective Order in Oklahoma

The Truth About How To Fight a False Protective Order in Oklahoma

Protective orders, also known as restraining orders, serve as a crucial legal mechanism to protect individuals from domestic violence. They are also used as a legal tool to combat harassment, stalking, or any form of abuse. However, the order can and are often times falsely obtained. People who get false protective orders use the system as a weapon used to game the legal system. Our experience in the protective order defense business informs us that they are also used as a tool of retaliation. In family law they can be used as a toll to try to get custody in child custody cases. Additionally, in Oklahoma, these occurrences are not unheard of, and understanding how to fight against false protective orders is paramount to safeguarding justice and fairness in our legal system.

Explaining What is a Protective Order is

A protective order is a legal order issued by a protective order judge. The order aims to safeguard individuals from stalking harm or harassment. It is considered a quasi criminal matter In Oklahoma. There are several types of protective orders, including:

1. Victim Protective Orders (VPO): Designed to protect victims of domestic abuse, stalking, harassment, or sexual assault.
2. Emergency Protective Orders (EPO): Typically issued by law enforcement officers in emergency situations where there’s an immediate threat of harm.
3. Permanent Protective Orders (PPO): Granted after a court hearing, providing longer-term protection against threats or violence.

These orders can include provisions such as prohibiting contact between the petitioner and the respondent, granting limited and very temporary custody of children, or ordering the respondent to vacate a shared residence until a temporary order trial is held.

You Can Fight a False Protective Order

When someone swears out a false protective order against you must take swift and strategic action to protect their rights and reputation. Here are a few simple steps to take:

1. Gather Evidence: When someone gets the protective order they will assert certain threats that you pose to them. You find the false allegations on the face of the petition that’s served on you. The first step in fighting a false protective order is to gather evidence. Additionally, this evidence must refute the petitioner’s claims that are set out in the petition they filed. This could include text messages, emails, witness statements, or any other documentation that contradicts the allegations.
2. Seek Legal Representation: Without question get a protective order defense attorney. Consulting with an experienced attorney who specializes in protective order cases is crucial. A knowledgeable attorney can guide you through the legal process. Additionally, they know how to represent your interests in court hearings, and help build a strong defense strategy.
3. Prepare for Court: Be prepared to present your case effectively in court. This may involve providing testimony, presenting evidence, and cross-examining witnesses. However, maintain composure and focus on disproving the allegations against you.
4. Challenge the Evidence: If the petitioner’s evidence is weak or unreliable, challenge its admissibility in court. For example, this could involve questioning the credibility of witnesses, highlighting inconsistencies in the petitioner’s statements, or demonstrating that the evidence was obtained unlawfully.
5. Assert Your Rights: Throughout the legal proceedings, assert your rights and advocate for your innocence. Further, do not succumb to intimidation or pressure tactics designed to coerce you into accepting the protective order.

Why Its Important To Fight False Orders Of Protection

If someone issues a protective order against you, it remains in place for five years and the impact on your life is huge. Many people might not understand that the order is a public record. Thus, this means that anyone searching your name online can see it and will judge your character based on this false order of protection. Not only will this order impact your potential employment it will also impact any child custody cases that you have involvement in going forward. This order creates a legal presumption against you having shared custody of any children you may have. Lastly if the protective order is issued against you expect to pay the other sides attorney fees. Also, expect those attorney fees to be in the thousands of dollars.

Protective Order Defense Attorneys In Your Corner

False protective orders can have devastating consequences, tarnishing reputations, restricting freedoms, and causing emotional distress. In Oklahoma, individuals who find themselves unjustly targeted by such orders must be proactive in defending themselves.

By gathering evidence, seeking legal representation, and presenting a defense you can fight back. You don’t have to stand by letting someone harm your character. The courts give you the chance to have a trial and you must be ready. The Tulsa attorneys at Kania Law Office fight aggressively to protect your rights. We understand what’s at stake and know how to get results. For a Free consultation with one of protective order defense attorneys call 918.743.2233.