Its not uncommon in divorce or child custody cases where a spouse files a protective order against the other side. A protective order in Oklahoma is a court order that protects specific individuals from harassment or abuse. The order limits another person’s behavior towards the individual requesting protection. They can be filed by anyone against another in which they are in a family relationship. This includes extended family like in-laws or spouses of former spouse’s. What is the effect of an Oklahoma court issuing a protective order on behalf of a spouse?
Oklahoma Protective Orders
An Oklahoma protective order can be used against family members, including spouses, for physical abuse, stalking, or threats of imminent harm. You can file for a protective order against a non-family member if you are the victim of stalking or harassment.
In divorce cases, protective orders can be dismissed in favor of restraining orders. A dismissal requires that the court find that dismissing the protective order is in the parties’ best interests and that the person who requested protection is not in danger.
What Is A Protective Order in Oklahoma?
A protective order is a court order that requires the named defendant to follow certain conditions of behavior. Protective orders are limited to a certain time period, but they can be extended. A protective order restrains a defendant from harassing or committing acts of domestic violence against the person who requested protection. A judge will receive your petition requesting protection and, if appropriate, will issue an emergency temporary order. At a hearing, the judge will review all evidence, including testimony. If the court finds that the defendant has committed a criminal offense or endangered you, the court will issue a final protective order.
Unlike a court order where a violation results only in contempt of court, a violation of a protective order is a criminal offense in Oklahoma. A law enforcement officer may immediately make an arrest if any specific condition of the protective order has been violated. The first violation is a misdemeanor while a second violation can be a felony.
Protective Orders and Child Custody
When a parent files a protective order and places a child on the order the court will require the child is taken off. This isn’t because the courts don’t want to protect the child. Rather, its because the better way to protect a child is by filing for emergency custody. Although the court will initially allow the child to be put on the protective order, once the other parent shows for the show cause hearing this is the stage the child must be removed. At the end of the day a protective order issued against a parent will impact any future child custody
Who Can Get A Protective Order In Oklahoma?
Protective orders are available for anyone who has been physically abused or threatened with physical abuse by a family or household member. Those eligible include:
- spouses and ex-spouses (including wives and ex-wives);
- any other relatives by blood or marriage;
- Anyone who currently lives or previously lived in the same household; and
- Parents with children in common but who have never lived together.
Emergency Protective Orders
An Oklahoma court may enter an emergency protective order on behalf of any eligible person without the opposing party present. Thus, a wife can get a protective order without her husband present in the courtroom. For emergency order, the husband will not have had an opportunity to be heard and tell his side of the story.
As a result, an emergency order will remain effective for a limited time. At a hearing, a judge will hear both spouses’ testimony and any other evidence. If the judge finds evidence of abuse or threats of abuse, the order can be extended.
What Can A Spouse Do In This Situation?
When a spouse files a protective order it is not in place until its been served. Normally service is done by the Tulsa County Sherriff’s office. Once you have received service of the emergency order or received notice of a protective order hearing, you must not contact the other person. If its part of a divorce or child custody case things change again. If this is the case at the first hearing the order of protection is consolidated with the divorce or child paternity case. You can learn whether it is possible to get the protective order dismissed and prevent the issuance of a final order against you.
Oklahoma law states that if a court finds a petition for a protective order has been filed frivolously, the court may assess attorney fees and court costs against the petitioner.
Protective Order Attorneys Near You
When a spouse files a protective order against the other spouse its important each persons rights are protected. This includes making sure the order is violated turning it in to a criminal case case. If you have been served with a protective order, the protective order attorneys at Kania Law will help you strategize and build a defense. For a full review of your case, please call our office at (918) 743-2233 or contact us online.