Placing children on a protective order in Oklahoma is not recommended. A protective order directs a named defendant to follow specific conditions of conduct or behavior. It directs the defendant in the restraining order to stay away from the person who got the order. It serves as a warning to a defendant that violations of a protective order will result in criminal charges. The purpose of a protective order is to restrain the defendant from committing an act of harassment or domestic abuse against other individuals. The person who requests a protective order is called a “petitioner.”
Who Can Get A Protective Order In Oklahoma?
Anyone who has been physically abused or threatened with physical abuse by a family or household member can file a petition for a protective order, including
spouses and ex-spouses
other relatives by blood or marriage,
people who now live or formerly lived in the same household, and
persons with children in common but who have never lived together.
Emergency Protective Orders
There can be an immediate need for a protective order if any adult or child living in a household is exposed to the threat of physical harm. If parents are divorcing, an emergency petition can be filed before or after divorce proceedings begin. In Oklahoma, there is presumed that it is not in a child’s best interests to have custody granted to a parent for whom a protective order has been issued against.
While the order can restrain the defendant from children in the custody of another parent, Oklahoma courts cannot determine custody in a protective order. However, a judge can issue an emergency order on a temporary basis.
Children Must Be Removed From The Order of Protection
Although the protection order judge may put the children of the petitioner on the order of protection at the initial hearing they will need to be removed at the show cause trial. Again, this is because a protective order cant be used as a tool to determine child custody. The Judge will tell the petitioner that if there is a continued need for protection the parent must file an emergency custody hearing. If the petitioner does not do this the children will be removed. Although the children are removed the protection order can remain in place for the parent or petitioner who filed the original protection order. ?
An emergency protective order remains in effect until the hearing. Within fourteen (14) days of the date the petition was filed, an Oklahoma court must schedule a full hearing if the court finds that the petition provides sufficient information to hold a hearing. This is true even if a previous emergency order petition was granted or denied.
Other Requirements of a Protection Order in Oklahoma
A final protective order must be granted or denied within six months of service on the defendant unless all parties agree that a temporary protective order remains in effect. In stalking and domestic abuse cases, a protective order can remove the defendant’s right to have firearms or ammunition. If the court finds that the defendant represents a credible threat to the physical safety of an intimate partner or child, the removal of firearms rights lasts as long as the final protective order remains in place.
A final protective order can remain in effect for up to five years, but the order can be extended or modified. In some circumstances, the order might not have an ending date. For example, a defendant with a protective order in another state can lead to an indefinite order in Oklahoma.
Domestic Violence Attorneys In Tulsa
The seasoned and accomplished protective attorneys at Kania Law Office are experienced in handling cases involving children on a protective order. Our custody attorneys have handled countless family cases involving protective orders and emergency child custody. If you are named as a defendant in a protective order or if you need an order of protection we can help. Get a free consultation today by calling us at 918.743.2233 contact us online.