OKLAHOMA CITY PROTECTIVE ORDERS ATTORNEY

What Is A Protective Order?

In Oklahoma City and throughout Oklahoma, a protective order is a critical legal instrument defined and regulated under the "Protection from Domestic Abuse Act." This act specifically delineates the nature and scope of protective orders within the jurisdiction.

A protective order is essentially a judicial decree aimed at safeguarding individuals who are victims of domestic violence, harassment, or stalking. It functions by imposing a strict prohibition on any form of contact between the claimant (the person seeking protection) and the defendant (the person from whom protection is sought). The primary goal of such an order is to provide a legal barrier against potential harm.

Once the court officially issues a protective order, it must be formally served to the defendant. This service is a critical step, as it legally notifies the defendant of the existence and terms of the order. From the moment of service, the defendant is legally bound to comply with the conditions outlined in the order. Typically, this means that the defendant is not allowed to initiate or maintain any form of contact with the protected individual. This no-contact directive remains in effect until the court formally lifts or modifies the protective order.

Violating the terms of a protective order is a serious matter and can lead to significant legal consequences. It is imperative for both the claimant and the defendant to understand their rights and obligations under such an order. The enforcement of protective orders is a key mechanism in the broader effort to combat domestic violence and protect vulnerable individuals within the community.

How Does Someone Obtain An Oklahoma City Protective Order?

During regular courthouse hours, a victim of domestic violence, stalking or harassment may fill out a protective order petition at the office of the county court clerk. When the courthouse is closed, a victim may be able to obtain a temporary protective order from a law enforcement agency, such as the county sheriff, that lasts temporarily until the courthouse reopens.

How Can A Protective Order Affect Me?

In addition to prohibiting contact with a specific person, a protective order can affect virtually every area of one’s life.

Although the law specifically states that a protective order is not an appropriate tool to determine the issues of parental rights and property division, a protective order may temporarily impact those rights. For example, a protective order can require you to leave your home, and it can prohibit you from seeing your children for a period of time.

Additionally, federal law prohibits anyone subject to a protective order from possessing or transporting firearms and ammunition. Violation of any part of a protective order can result in criminal charges being filed against you.

Furthermore, simply being the subject of an Oklahoma City protective order can cause you to lose your job and your professional license in certain circumstances.

Oklahoma custody law provides that if one parent proves “by a preponderance of the evidence” that the other parent has engaged in domestic abuse, stalking, or harassing behavior, there is a legal presumption that the parent engaging in such conduct should not have custody of, or even unsupervised visitation with, a minor child.

Since Oklahoma City protective orders and elsewhere concern dangerous behavior, a victim protective order (VPO) entered against you may cause you to lose custody of your children, or result in a requirement for you to have a supervisor present when seeing your child.

Do You Need A Lawyer?

Protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed.

When the protective order is initially granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is sent for service upon the defendant. Generally, a trial will be held at that set date and time to determine if a protective order is necessary.

A protective order involves very serious allegations that can permanently impact the lives of each party and the lives of their children. A protective order hearing can involve testimony and evidence that impacts future child custody decisions and criminal proceedings.

If you are seeking the protection of a court order, or if you have been served with a notice that someone is asking for a protective order against you, you should seek legal advice as soon as possible. Each Oklahoma family law attorney at Ball Morse Lowe, PLLC has extensive experience dealing with protective order cases.