In protective orders there are a couple of considerations.
Video Transcribed: Can a protective order case in Oklahoma be transferred to another judge or another county? I’m Oklahoma attorney James Wirth and I’m about to answer that question. Okay, so you’ve got a protective order on file, whether you’re the plaintiff or the defendant, and you want to transfer it to another judge or another County.
Generally, there are rules regarding transfers and if the judge is biased in a way that’s able to be demonstrated, then maybe that’s a way to do it. But that’s very difficult to do and that’s applicable to all cases.
What I want to talk about is specific to protective orders. And in protective orders there are a couple of considerations. So first off, 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.
So if you were in a relationship with the other party, maybe you have a child together, so if you’ve got a divorce case or a custody case with the other party, then that protective order is going to be taken off the specialized protective order docket, consolidated with the family law case, and it’s going to be set before the family law judge. So that’s one way to do it. Another one, if you’ve got one of those types of cases in another county, Oklahoma statute is clear, it shall be transferred to that domestic case.
So whether that’s a case for divorce, separate maintenance guardianship, and excuse me while I’m reading the statute here, or adoption, if those proceedings are in a different county than where the protective order is filed, then the language in the statute is, shall, shall be transferred to that other county, not may. So under those circumstances, they can be transferred.
Tags: protective orders