Protective orders, also called restraining orders, can be useful tools for preventing interpersonal violence. Unfortunately, the easy-to-obtain orders have at times been abused to gain leverage in divorce, to influence a child custody decision, or even just to embarrass the other party in a dispute. If you’ve been served a temporary restraining order, it’s important to contact a Tulsa protective order defense attorney to find out your rights, and to learn about the consequences if a temporary order for protection becomes a permanent restraining order.
A protective order, often called a restraining order, prohibits any form of contact between a petitioner, who is presumed to be a victim, and a defendant who is the subject of a protective order. Restraining orders typically prohibit the subject from being within a certain distance of a person, making phone calls to, or talking with the petitioner. Indirect contact is also prohibited, meaning you can’t write letters, send e-mails, or even write Facebook posts to a person who has a restraining order against you.
Protective orders are often issued in hearings where the subject of the order is not present. A person who alleges stalking, harassment, domestic violence, or rape may request an “emergency restraining order” in an ex parte hearing — a hearing where only one side is present.
Restraining orders aren’t always related to allegations of domestic abuse or family law situations. Protective orders may be requested by almost any person who has a dispute with another person. In other circumstances, a court may issue a temporary restraining order when a person has been arrested on allegations of violence or harassment.
Consequences of a Protective Order in Oklahoma
Because emergency orders for protection are so often handed out without a person having an opportunity to tell their side of the story in court, protective order defense attorneys in Tulsa often answer calls from people surprised to find themselves the subject of protective order. The first time many people find out they’ve been named in an emergency order for protection is when police confront them to serve the court order.
When it’s a temporary or emergency order, protective order defense attorneys usually advise a person to retain counsel before a hearing on a final order for protection. If a person fails to appear at a hearing, a temporary restraining order may become a permanent restraining order. That can have lasting consequences on professional licenses, the right to own firearms for hunting, your freedom to travel or associate with others, and even future employment prospects.
One violation of a protective order — even an inadvertent violation or a false allegation that isn’t exposed — may result in criminal misdemeanor charges. Future violations of a restraining order can result in felony charges and even prison time.
Initial Strategy Session: Tulsa Protective Order Defense Lawyer
If you’ve been served with a restraining order, read it carefully. Follow all of the court’s orders, no matter how much it may disrupt your daily life.
Contact a Tulsa protective order defense attorney to find out how you can get the order lifted. Pay careful attention to all court dates. A protective order defense lawyer in Tulsa can check court schedules to be certain you have an opportunity to be heard next time allegations are made against you in court.
For an initial strategy consultation with a protective order defense attorney in Tulsa, contact Wirth Law Office immediately. Time may not be on your side if a hearing is already scheduled. A protective order defense attorney may ask that a hearing be rescheduled; this will provide time for your legal counsel to conduct an investigation or assemble a case on your behalf.
Call a protective order defense attorney in Tulsa today at 918-879-1681.
You may also submit the question form at the top right of this page.
