Learn How to Eliminate an Ill Considered P.O.
Video Transcribed: Can you dismiss your own protective order in Oklahoma? I’m Tulsa attorney James Wirth, and I’m about to answer that question.
Okay, so if you file for protective order and it’s granted on an ex parte basis perhaps and set for a hearing, can you dismiss it yourself? And the answer is, no. The law does not allow you to unilaterally dismiss it.
In typical civil cases, if you have a civil claim that’s filed, you filed a petition for, you know, auto negligence or a family law case, the law allows the petitioner, the plaintiff to unilaterally file a dismissal, doesn’t require approval by the court.
You just go to the clerk, you file a dismissal, and it’s gone. It doesn’t work like that for a protective order. Every dismissal requires court approval, judicial approval. So if you’re a petitioner you filed for protective order and you want it dismissed, there’s a couple of ways that you can do that.
One, you can show up to court and request it to be dismissed. The judge may ask you some questions. The judge may ask you to speak with a domestic violence person to make sure that’s what you really want to do. But you can do that. And ultimately you can demand that it’d be dismissed.
Or your other option is if you fail to show for court, if it’s set for a hearing and you fail to show them, then it’s going to be dismissed. So those are the ways that you could get it dismissed. But you cannot do it unilaterally, the judge does have to approve it.
So if you’re under those circumstances, don’t take my general advice in this video, get specific advice to your circumstances. Talk to an attorney, give me a call, (918) 932-2800.