How do you file a protective order?
Video Transcribed: Step one in the protective order process. How do you file a protective order? I’m Tulsa attorney James Wirth, and I’m about to answer that question for you.
Okay, so 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. The first things that you need to fill out is who’s the protective order for? You can file for yourself obviously. Also, if you have a minor child that is residing with you, then you can file on behalf of the minor child.
Next thing is what are the grounds for protective order? Are you alleging domestic violence, threat of eminent harm, harassment, stalking, rape, or you’re the victim of a crime that the qualifies here. You’ve got to check the box that’s applicable there. You’ve got to note your relationship to the other party. Some of those grounds require that a relationship be established. You’re in a dating relationship, or you have an intimate relationship or they’re a family member or a household member.
Next, you want to look at what is the time frame when these allegations occurred, and then you get to write out the specifics of what happened. Next, you’re going to look at what kind of relief you want to get and you can check various boxes for that. Does the defendant have firearms that need to be confiscated?
Do you want the defendant removed from the household if you’re living together? Do you have a pet that you’re wanting protection for to put on there? Check out all of those boxes, file it with the clerk, and then the next step is going to be the ex parte hearing.
Again though, this is general advice. If you need specific advice, which if you’re involved in a protective order proceeding, whether your plaintiff or defendant, you need specific advice, contact an attorney. If you’d like to speak with me, give me a call. (918) 879-1681. Again, the number is (918) 879-1681.