Wirth Law Office - Tulsa Tulsa Attorney Blog

The Protective Order Process In Oklahoma – Step 2: Ex Parte Emergency Hearing

By Staff, January 24th, 2020
Step two in a protective order process is the ex parte hearing. What is that? I’m Oklahoma attorney James Wirth, and I have the answer to that question. Ex parte hearing means one party is heard. The other party is not heard. If you’re the plaintiff, you get to give your testimony.
The Protective Order Process In Oklahoma – Step 1: How Do You File?

By Staff, January 23rd, 2020
The first stage is to file the petition and that requires that you to fill out a form. Luckily in Oklahoma, the law requires that the clerks have forms available for you so you don’t have to draft it from scratch. If you need a protective order, go up to the court clerk, ask for the protective order form, and you can check some boxes
What Are The Steps In The Process For Getting a Protective Order in Oklahoma?

By Staff, January 22nd, 2020
First step, you’ve got to file some pleadings. Step two is you’re going to go before a judge in what’s called an ex parte hearing, ex parte meaning only one party is heard. The next step is actually going to be service. So once the ex parte hearing happens, if the protective order is granted, then the defendant needs to be served. The next step in list there, that is going to be the full protective order hearing. So on that date, you need to be prepared to be put on evidence to testify and to be ready to be cross-examined. The next potential step is is discovery. If the defendant fails to appear and it’s granted, and it does not offer any more stringent terms than the emergency, it does not have to be served again.
What Is The Procedure For Getting a Protective Order in Oklahoma? What Should You Expect?

By Staff, January 21st, 2020
What is the procedure for getting a protective order in Oklahoma? What should you expect? I’m Oklahoma attorney James Wirth, and I have the answers to those questions for you. If you’re getting a protective order in Oklahoma, the first thing that occurs is essentially the pleadings, the drafting and the filing of the pleadings. In Oklahoma, in most types of civil cases, family law cases included, there aren’t form pleadings at the courthouse, but that’s different for protective orders.
Can a Protective Order Case Be Transferred To Another Judge or Another County in Oklahoma?

By Staff, January 20th, 2020
Can a protective order case in Oklahoma be transferred to another judge or another county? I’m Oklahoma attorney James Wirth and I have the answer to that question. In protective orders there are a couple of considerations. If you’re in a county that has a separate docket for protective orders like Tulsa County, then if a FD filing, a family domestic filing, is filed, those two are generally consolidated together.
Where Can You File a Protective Order in Oklahoma?

By Staff, January 17th, 2020
The first thing we look at is we’re going to look at the protective order act. Oklahoma has all the protective order statutes, nice and neat together under title 22 and it lays out at least under Oklahoma law where you can file. And it says there’s three places, three venues that are proper for filing in Oklahoma. One the County of where the petitioner resides. Two the County of where the defendant resides. And three the County where the acts resulting in the protective order occurred.
Everything You Need to Know About Oklahoma Protective Orders

By Staff, January 16th, 2020
So what is a protective order? That is where you can get an order in place that requires somebody to stay away from you, somebody to stop having contact with you, stop harassing you, stalking. And in Oklahoma we call them protective orders. Elsewhere, people may be more familiar with them as restraining orders.
Does a Protective Order Take My Gun Rights Away In Oklahoma?

By Staff, December 30th, 2019
Tulsa Attorney James Wirth explains how a protective order can take away your gun rights.
Arson Case Dismissed at Preliminary Hearing

By Staff, December 20th, 2019
A woman hired Attorney Jason Lile to defend her in an arson case. After going over the evidence, he found his client to be innocent. Jason presented information to the court and the court agreed with him, which led to all charges being dropped.
Juvenile Delinquency Charges Dropped

By Staff, December 19th, 2019
When retained to represent a young boy in a Tulsa juvenile delinquency case, Attorney Justin Mosteller determined the boy was wrongly accused and set the case for trial. Facing the prospect of taking their flawed case to court, prosecutors dropped the charges.
Oklahoma Ignition Interlock Program Targets Drivers Arrested for DUI

By staff, November 6th, 2019
Under a new Impaired Driver Accountability Program drivers arrested for DUI can slightly reduce the risk associated with installing an ignition interlock device. The six month program is extended 60 days each time a driver fails an alcohol breath test, Drivers who successfully complete the program can get their drivers license reinstated without paying a reinstatement fee.
Reclassified Oklahoma Felonies Can Be Expunged Within 30 Days

By James M. Wirth, Esq., October 30th, 2019
Starting Nov. 1, non-violent offenses previously classified as felonies can be expunged as misdemeanors, regardless prior convictions or other pending charges. The only statutory requirement for fast track expungements are full payment of restitution and completion of any court-ordered treatment programs. Convictions are eligible for expungement 30 days after completion of a sentence.
Oklahoma Justice Reforms Spell Reduced Sentences for Thousands

By James M. Wirth, Esq., October 29th, 2019
Incarceration for Oklahoma probation violation on most felony drug possession or low-dollar property crimes are now limited to one year. Justice reforms approved in 2019 also mean inmates passed over in Oklahoma’s historic November mass commutation are likewise eligible for consideration in light of new laws under the state’s usual commutation process.
Trademark Owners Cannot Block Non-Trademark Use of Trademarked Term

By staff, October 24th, 2019
Fake Cease-and-Desist Letter Has No Teeth The Florida chapter of a journalist’s trade group recently released a satirical letter asking Pres. Donald Trump to stop using the phrase “fake news” because they intend to trademark the term. California trademark attorney Ted Hasse explained that’s not how it works. Even if the cease-and-desist letter were not […]
Can You Sue a Celebrity for Posting a Photo You Took of the Celebrity?

By staff, October 18th, 2019
Bieber Sued for Posting Picture of Bieber Simply Being in a Picture Does Not Give You a Copyright It’s no surprise that someone would be sued for posting a photo of a celebrity on Instagram. What about when the person sued is the same person in the photo? Yes, you read that right. Justin Bieber […]