Search Results for: protective order
When You Don't Need a Lawyer for Your Oklahoma Divorce
First off, you're not required to have a lawyer. If you're going to get divorced, you are required to go to court to go through the process. Read more »Is Your Tulsa County Court Case Getting a New Judge on 1/4/2021?
Every so often the presiding district judge in Tulsa County decides to rotate the special judges and move them on different dockets. Read more »Tulsa Bail Bond Amounts
Enter a criminal charge in the search box or browse the list below to find Tulsa bail bond amounts. Category Oklahoma Statute Description Bond Amount Misdemeanor 21-650.6 Assault and Battery on Court Officer $5,000 Felony 21-650.3 Assault and Battery on Detention Officer $5,000 Felony 21-650.2 Assault and Battery on DHS Employee $5,000 Misdemeanor 21-650.7 Assault […] Read more »How Does McGirt Affect Custody Cases for Tribal Members Living in Indian Country?
The United States Supreme Court decision that decided that most of Northeast Oklahoma are actually tribal reservation land. Read more »McGirt: Can Tribes Prosecute Non-Indians?
The Violence Against Women Act that became federal law in 1994, it added the ability for tribes to prosecute certain offenses even against non-natives. And those crimes are domestic violence, dating violence, violation of protective orders, where one of the three things occurs. Read more »How Do You Transfer a Family Law Case to Another County in Oklahoma?
If a Case Is Not Filed in the Appropriate County Based on Where You've Got Jurisdiction and Proper Venue, Then You'd File a Motion to Dismiss, Once That's Granted, You Could File in Another Count. Read more »Are Oklahoma Family Law Cases Public Record?
Are Oklahoma family law cases public record? I'm Tulsa attorney, James Wirth, and I'm answering frequently asked questions. And that's the question I've got here is are Oklahoma family law cases, Oklahoma divorce, Oklahoma guardianships, Oklahoma protective orders, Oklahoma custody, Oklahoma paternity, all of those things, are they public record? And the answer is for the most part, yes. Adoptions sealed, not public. Guardianship, sealed, not public. Deprived child action, sealed, not public. Read more »Is McGirt Going to Effect Deprived Child Cases in Oklahoma?
In a child deprived case, that is where the state of Oklahoma or another government entity has taken children out of the home, put them into state or governmental custody in order to protect them from parents who have deprived them, and Indian law has always been a big deal in deprived child cases in Oklahoma, even though when CPS, Child Protective Services, DH, Department of Human Services, even when they start their investigations, that's one of the first thing they're looking into is are these Indian children? Is this family a member of a tribe? Are they eligible to be a member of a tribe? Because ICWA applies, Indian Child Welfare Act applies, and that brings in Federal Law that greatly changes how the cases are affected. Read more »The Great Escape Leaving Domestic Violence: Domestic Violence Pt 4
In family law in State of the Oklahoma, evidence of domestic abuse creates a presumption that it's not in the best interest of the child for the abusive parent to be the primary caretaker, and that it's in fact in the best interest for the abused victim to be the primary caretaker of the child. So that gives you a built-in advantage litigating custody. Read more »Domestic Violence and Child Custody: Domestic Violence Pt 1
Domestic violence is an incredibly common situation that folks find themselves in, and it involves adult intimate partners perpetrating violent acts against each other, and using physical and emotional coercion to control the other party. Now, according to statistics that I'm going to cite to you from the Domestic Violence Manual for Child Welfare Specialists provided by Oklahoma DHS in March 2018... They were sourced by the National Coalition Against Domestic Violence originally in a study that was done some time ago, and those statistics are pretty astounding: One in four women at some point in their life will suffer from domestic violence, which could mean stalking or sexual violence or physical assault. Read more »Covid-19 Impacts Emergency Custody in Oklahoma
The Oklahoma Supreme Court has put out rules that have limited greatly what can be done in courts right now during this lockdown isolation period. Also, each county court most county courts have also put out their own rules restricting things. But there are certain things that we can't shut down, no matter how bad it may get. And those things include.. Read more »Does Covid-19 Jeopardize Divorce Filing in Oklahoma?
As of April 2nd 2020, Oklahoma Courts are closed for most things. If you go down there, there's going to be security that's going to see whether you can even get into the courthouse, but certain things are open... The things open will surprise you. Read more »The Facts Behind Emergency Custody for Potential Coronavirus Exposure in Oklahoma
So there's been this one order going around on social media where actually a tribal judge here in Oklahoma purportedly granted a change in custody on an emergency basis without hearing from the other side primarily because the parent was working in the healthcare industry and could have been exposed to the Coronavirus. There was no specific information that, that person was exposed. The allegations were based just on the line of work. And the post goes on and talks about that at 10 o'clock, "Law enforcement showed up at my house and forcibly removed my child and gave it to dad just because I work in the healthcare industry." Read more »Does Covid-19 Affect If Oklahoma Law Offices Are Open? Are Lawyers Essential?
Are lawyers essential? Do we really need them? I'm Tulsa attorney James Wirth and I'm about to talk to you about the executive order and whether law firms are going to remain open. So Governor Kevin Stitt in Oklahoma on March 24th 2020, entered an executive order that ordered the closing of all non-essential business. Are law firms essential, are lawyers essential, are they going to remain open during this time period? Read more »How to Get Personal Belongs Back If Kicked Out Due to an Oklahoma P.O?
If a protective order is filed against you by a household member, you can be immediately ordered out of the house before you even get to talk to the judge or have a hearing over it. It can happen immediately. If all of your properties in the house, how do you get that? Okay, well, the law does provide a mechanism to do that. When the protective order is served on you by the Sheriff's deputy, ask the deputy for an opportunity to grab some property from the house. They should escort you into the house to get clothes and other personal belongings. They're not going to let you start packing up furniture or anything crazy. They'll give you a few minutes to get personal belongings Read more »Does a Protective Order Take My Gun Rights Away In Oklahoma?
Tulsa Attorney James Wirth explains how a protective order can take away your gun rights. If that protective order is granted, your Second Amendment rights are gone at that moment that that protective order is served upon you. The sheriff will probably take those guns out of your household, or you'll have to give those to a third party because it will be illegal for you to possess them while the protective order is in place, and that's under federal law. Read more »Say Goodbye To Your Pet if an Oklahoma P.O is Granted
f someone is living in your household, even if it's not their dog, could be your dog, they could file and add the dog onto it, even though they don't have ownership over the dog, as long as they've been living with the dog, have possession of the dog, have been leaser holding the dog. Under those circumstances, they can do that. The dog will be taken away from you. The animal will be taken away from you until you can get to court on a show cause hearing where the judge would make a determination on what is appropriate. But does that happen in Oklahoma? It does happen in Oklahoma. Read more »The Frightening Facts Behind Being Evicted Due To an Oklahoma P.O
Eviction by protective order in Oklahoma? Can that even happen in Oklahoma? Tulsa Attorney James Wirth has seen many cases like this. Thankfully, he has an answer to that question. an eviction is not a legal proceeding where the landlord takes you to court to throw you out of your house. I'm talking about you being thrown out of your house immediately because a protective order was filed. And does that happen? Every single day.
Read more »Oklahoma Protective Order Can Affect Custody Rights.
Can you do something if your custody is being denied due to your protective order? Tulsa attorney James Wirth explains this divisive topic in-depth. So what can you do if your kids has been put on a protective order against you, and because of that protective order is in place, you can't have your visitation or custody rights? Well, that depends on a few things.... Read more »The Terrifying Truth of Kidnapping by Oklahoma Protective Order.
Kidnapping by protective order. Could that happen in Oklahoma? Tulsa attorney James Wirth has that answer for that question. Kidnapping by protective order. What does that mean? Essentially that would be somebody filing a protective order on behalf of a child that is your child taking that child away from you. So can that happen under Oklahoma law? And the answer is.... Read more »Can an Oklahoma P.O Lead To Unexpected Termination?
Can you lose your job if someone files a protective order against you? Answer is yes. There's a couple different ways that it could happen. Most jobs are not on a contract basis. Most people don't have a contract with their employer that specifies the exact terms and duration. Most people in Oklahoma are an at will employment, which means that they can be fired at any time for any reason or no reason at all. So if a protective order is filed, that's showing up on your background check, that could be a reason for an employer to terminate you. Additionally, if you work with the person that filed the protective order, then the protective order may prohibit you from going to your place of employment. That makes it really difficult to work there and that could cause you to lose your job. Read more »Oklahoma Protective Order Can Cause Crippling Consequences
Oklahoma Attorney James Wirth Explains The Downfalls Of Having A Protective Order Being Filed Against You In Oklahoma. So what are the consequences of having a protective order against you besides the fact you're going to have to show up in court, need to hire an attorney, there's some immediate effects it can have... Read more »How to Protect Yourself From An Oklahoma P.O Being Filed Against You
How do you protect yourself from a protective order being filed against you in Oklahoma? Tulsa attorney James Wirth discusses that topic. Okay, so what can you do to mitigate the risk of a protective order being filed? In my firm, we deal a lot in family law cases, people going through domestic struggles, fighting over custody, child support, getting divorces, legal separations, paternity determinations. Read more »The Shocking Truth On How Long an Oklahoma P.O Can Last
Can an Oklahoma P.O Haunt You For Life? Tulsa attorney James Wirth explains how a protective order in the state of Oklahoma can have a crippling effect on you. A protective order act went in place in 1982. From that point to 1999, a protective order could be continuous or lifetime. And from that time frame, people got into the habit of calling it a permanent protective order because it was in place essentially forever.. but the law has since changed.. Read more »If Issued an Oklahoma P.O It Is CRUCIAL to Hire an Attorney.
Have you ever wondered if you should hire an Attorney to defend you against a protective order in Oklahoma? Tulsa attorney James Wirth says if someone files a protective order against you, it is quite necessary to hire an attorney. The reason is that these are very serious things and could have a major effect on you. Read more »
