Oklahoma law allows individuals to seek protection from undue stalking, harassment or abuse. Emergency protective orders intend this protection. If necessary and upon a showing of good cause, a permanent order of protection occurs. While emergency and final protective orders will not actually prevent an individual from choosing to pursue their stalking, harassment or abuse, these orders serve as a deterrent from further behavior, because future violations are crimes.
Protective Orders Hurt:
The relative ease in which one can obtain an emergency protective order is a two way street. One because it places some form of protection upon the victim immediately. On the other hand it allows for individuals not necessarily seeking such protection or needing it to get an emergency protection order as a bargaining tool in a divorce or paternity proceeding. While Oklahoma protective order strictly forbids such orders from acting as a modification of child visitation and custody. Due to the fact they are often a form of temporary relief to do just that.
More often than not emergency protective orders associate with pending divorce or paternity cases end up as a dismissal. Unfortunately, once the dust settles, the alleged “perpetrator” is left with an easily searchable record. This reveals the allegations and the granting of at least an emergency protective order. This can be very detrimental for the individual. It can prevent them from getting a job or potentially obtaining a guardianship or custody of other children.
Expunging Protective Orders Is Possible:
Fortunately, Oklahoma law also provides avenues for expungement of these orders, effectively removing them from public record. The law provides 4 situations where an Oklahoma protective order can receive expungment:
- the order terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;
- The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;
- The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or
- The plaintiff or defendant dies.
In order to pursue the expungement, a petition for expungement will must file with the court. Then the individual that initially pursues the protective order must receive proper notice of the filing, along with the county district attorney’s office. As well, any other individual who would be relevant to the proceeding must receive notice. From there, if there is not an agreement for the expungement, then the court will weigh the evidence. They will decide if the harm to the privacy of the person seeking the expungement or dangers of unwarranted adverse consequences outweighs the public and safety interests of the parties to the protective order in retaining the record.
Expunging Protective Orders in Oklahoma:
A protective order is a part of your background and shows up on employment and credit searches. Luckily our attorneys have experience and skill at Expunging protective orders in Oklahoma. We can help you work towards sealing the record by expunging protective orders in Oklahoma. Once expunged its as if the protective order never existed in the first place. We care and we can help remove protective orders from your public record.
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