Not all divorces in Tulsa, Oklahoma are amicable; thus, protective orders become necessary.
For some couples, the road to divorce is littered with a long history of arguments, including physical arguments. For these couples, protective orders can be helpful to allow enough physical and emotional space for healing to begin.
What is a Protective Order?
Protective orders are often called restraining orders. They are issued by courts to protect a potential victim or to restrain a person from engaging in actions that are seen as potentially harmful to the person the order seeks to protect.
Protective orders are issued in a number of situations, most often in domestic disputes between parties. Protective orders are useful when there is a real threat or harassment that cannot otherwise be addressed by law enforcement. In Oklahoma divorces, sometimes both parties are restrained from contacting each other.
Protective Orders in Divorce Cases: Pros and Cons
Protective order hearings often get combined with divorce hearings. Let’s face it, divorcing spouses are often so angry with each other that they may say or do things that they don’t really mean. And while asking the court for a protective order can give spouses time to calm down and are absolutely needed sometimes for safety, there are pluses and minus to asking for one in a divorce.
All too often, a party seeks a protective order in the heat of the moment without regard to its potential negative impact on a family. Families can be torn apart by a restraining order.
In addition, there is always the real possibility that the party you are seeking to restrain may ask the court for the same remedy. In that case, often a court will issue mutual protective orders. This can make the logistics of settling matters between the spouses much more difficult than in the absence of a protective order.
Restraining orders can also be wrongly used as a tool to gain leverage in a divorce or other family law matter. This can complicate the early coordination of parental duties for both spouses.
In addition, spouses with mutual protective orders can be seen by the court as uncooperative and contentious parents.
The scenario can run like this. A husband and wife who are engaged in a custody battle have an argument, and the wife decides to get a restraining order to help her gain custody of the child. This use of a protective order request can actually backfire on the parent who is making the request.
An Oklahoma family law attorney can help the court understand:
- the dynamics and motivations of the parties involved and
- the situation if and when a protective order is appropriate.
In almost all cases — whether you hope to obtain a protective order or to prevent the court from imposing one — it is best to work with an experienced Tulsa family law attorney. He or she can explain to you how a protective order can affect your divorce before an order is issued. Your attorney will answer your questions, can help guide you through the process of obtaining a restraining order if needed, or defend you against the imposition of an unfair protective order.
Free Consultation with a Tulsa Family Law Attorney
The Wirth Law Office is here to help when you need it most. We offer a free consultation with an experienced Tulsa family law attorney.
Call 918-879-1681 for a free consultation or submit a question through this website.