What to expect when you get a protective order
Video Transcribed: What is the procedure for getting a protective order in Oklahoma? What should you expect? Hi, I’m Oklahoma attorney James Wirth, and I’m about to answer those questions for you.
Okay, so 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. And 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.
Oklahoma statute does require that form pleadings, template pleadings, be available so that those can be found at the courthouse where you’re checking boxes, filling out parts of the form, file it there, and get before judge. Also, there’s a nonprofit organizations some places like in Tulsa County, there is DVIS. You can go there if you’re a victim of domestic violence, and they can walk you through the process of filling out that paperwork.
As far as the paperwork, you’ve got to select grounds by which you’re entitled. So we’ve got to look at it was their domestic abuse? Was their threat of a eminent harm? Was there a harassment, stalking, victim of rape, victim of certain crimes? So you’ve got to check off which box is applicable. You’ve got to note the time-frame on when those occurred. He got to give the specifics of the allegations on how everything went down. You just write those in there. You can hand write it on the form. There’s a blank for it.
And then what type of relief are you requesting. If you are residing with the other person, are you requesting they be removed from the home? Are you requesting the protective order on behalf of somebody else, like your minor child? Are you wanting them 500 feet away from you, wanting their guns confiscated? There’s an opportunity to check different boxes for the relief that you want, but you fill out those forms, you file it with the clerk, and then the next step is to get before the judge.
But again, don’t take my word for it on these. This is general legal advice. If you’re in this circumstance, you’re going to want specific legal advice to you. Contact an Oklahoma protective order attorney. If you want your questions answered from me, give me a call, (918) 879-1681 or go to the website wirthlawoffice.com.
