Filing An Oklahoma Protective Order
Video Transcribed: How do you file for a protective order in Oklahoma? I’m Oklahoma attorney James Wirth and I’m about to answer that question for you. Okay, so how do you file for protective order in Oklahoma? Well, luckily there are form pleadings for that. Oklahoma law requires that there be foreign pleadings, unlike in a divorce case or a paternity case, custody case, you know pretty much any civil case where you have to draft your own pleadings, have a drafting service or have an attorney…
In a protective order case, the law requires the forms be available. So you can go down to the court clerk of your local County, they should have those forms. Check off some boxes and get that filed. Another option, obviously you could hire an attorney. Another option is there’s some nonprofits that help with that? In Tulsa County, there is a DVIS, Domestic Violence Intervention Service and they help people filling out a protective order forms.
Essentially though, once you get that form, it’s pretty self explanatory. You want to indicate who the protective order is for. You’re allowed to file for your kids or kids that reside with you if they’re a potential victim as well. You check the box for what is applicable as the basis for the protective order. That is, was a domestic violence, was there a threat of imminent harm, was there harassment, was there stalking, was there rape, is the party of victim of a certain types of crime?
You want to check the applicable box on that. Some of those require a certain family relationship or dating relationship and then you want to check the appropriate box on that indicating what is the relationship between you and the defendant. Then you want to fill out what’s the time period that these things occurred and then you want to write out the specifics of what happened.
Next, you’re going to have to check various boxes. What kind of relief are you looking for? Are you looking for an emergency protective order to have it entered today, right now? Or are you saying, “I’m okay, I want one entered, but I’m okay to wait until the final hearing?” Most people request that box for the emergency. Do you want the party removed from the home? Are you guys living together and you want the party kicked out of the house?
Do you need to protect your animal, your pet, your dog? Do you want to put the protective order for the dog? Does the other party have a firearm? Do you want the sheriff to confiscate the firearm?
These are all boxes that you just check. Once you get that form filled out, you file it with the court clerk and they can get you set for a hearing the same day, an ex parte hearing.
So you get into the judge that quickly and that’s pretty much how you start the protective order process, but don’t take my word for it. Don’t take this general information. If this is something you need to do, get specific advice for your circumstances. Talk to an attorney. Your specific circumstances may require a little bit different treatment. Maybe there’s other things that need to be done like filing for emergency custody. Find out, talk to an attorney. If you want to talk to me, give me a call, (918) 932-2800 or go to my website wirthlawoffice.com.