Are There Mutual Protective Orders in Oklahoma?
Video Transcribed: Are there mutual protective orders in Oklahoma. I’m Tulsa attorney James Wirth, and I’m about to answer that question for you. Okay, so what’s a mutual restraining order? That would be where both parties are ordered to stay away from each other, to halt communication, stay a hundred yards away, whatever the specific requirements of the order are. It applies to both parties. It’s mutual in that way.
And, there was a court case that addressed this exact issue and in that case, one party requested a protective order against the other party. The judge heard everything, is like, “I don’t think either one of these people should be next to each other.” So, it ordered the protective order as to both of them.
The problem was is that only one party made the request, so the other party never filed a formal request from the court so it was a denial of due process to enter a mutual protective order in that case.
That court case stands for the proposition there can be no mutual protective orders. That said, if both parties file a protective order against each other, they can be consolidated for hearing under the right circumstances, but each party must prove their individual case for a protective order separately.
Just because one party makes a good case for a protective order and the judge maybe thinks it should be mutual, they can’t do it mutual on that basis. Each party must separately make their case and then there’s two separate protective orders, just pointing different directions.
In Oklahoma, there are no mutual protective orders, but each party can get a protective order against the other if they prove their case individually. If you’re under these circumstances though, don’t take my word for it from this general information. Get specific information for your circumstances. Call an attorney, contact me, (918) 932-2800.
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