Can you be Evicted by an Oklahoma Protective Order?

Video Transcribed:  Eviction by protective order: is that a thing in Oklahoma? I’m Tulsa attorney James Wirth, and I’m about to discuss that topic.

Okay, so can you be evicted from your home based on a protective order? And what I’m talking about as an eviction is not a legal proceeding where the landlord takes you to court to throw you out of your house. I’m talking about you being thrown out of your house immediately because a protective order was filed. And does that happen? Every single day.

So, if you have a household member that’s living with you, whether that’s a spouse, a girlfriend, or somebody else that qualifies for a protective order, if you’re living together, they can list that address as their address, and then if that protective order is granted on an ex parte or an emergency basis you can be immediately kicked out before you even get to talk to the judge. And that happens all the time.

Eventually, then that goes to a full hearing where you’ll have an opportunity to be heard, but you’ve already been knocked out of the house before that occurs.

So, if that occurs, certainly you’re going to want representation. You’re going to want to look into fighting those allegations, and you’re going to want to get property out of the house in the meantime. There is a way to get property out of the house: when you’re served, ask the sheriff deputy about that.

They will escort you to the property to at least get some clothes out of the house. But absent that, as far as the big property in the house and other things, you’ve got to wait to get into court. That can take up to two weeks, so be prepared for that. Get an attorney.

But don’t take my word for all of this, in this general information. Get specific information regarding your specific circumstances. Talk to an attorney. You can give me a call: 918-932-2800