Sometimes You Can Get The Opposing Party To Pay
Video Transcribed: Can I get the defendant to pay my attorney’s fees in a protective order filed in Oklahoma? I’m Oklahoma attorney James Wirth, and I’m about to answer that question. Okay. So can you get, if you file a protective order, can you get the other side, the person that’s been harassing you, stalking you, or committed domestic violence or threats against you to pay your attorney’s fees? Sometimes you can..
If the protective order is granted, a final protective order at the full hearing is granted, the judge does have the discretion to order that party, the defendant, to pay your attorney’s fees, the court costs, the process server fees. All of those can be assessed against the defendant.
In practice, it’s extremely common for the court cost to be assessed against the defendant, but it is unusual for attorney’s fees to be assessed. The general rule in Oklahoma in all types of cases is that each party pays their own, and most of the time judges in protective order cases follow that unless it’s a really extreme case, in which case it is within the judge’s discretion. They can order it.
But don’t take my word for it under these general advice. Get specific advice to your circumstances if you’re dealing with this. Call an attorney. You can call me. (918) 932-2800.