Protective Orders
Avoid Costly Mistakes: Protective Order Helpful Tips
Navigating a protective order is crucial, especially when it involves communication boundaries. Any direct contact with the person who filed against you can easily breach the order, potentially leading to severe consequences like a misdemeanor or even a felony. It's essential to avoid all forms of communication, be it text, email, or social media, and ensure friends don't intervene on your behalf, as this indirect contact also counts as a violation. To prevent escalating legal issues, understanding and respecting the protective order's stipulations are vital, maintaining complete non-contact until the order is legally resolved. Read more »Served with an Emergency Protective Order? Legal Guide
When served with an emergency protective order, many feel an overwhelming rush of emotions, ranging from confusion to betrayal. It's crucial to resist the temptation to contact the petitioner, as doing so may lead to a violation of the order and potential criminal charges. Immediate steps should include consulting an attorney or independently gathering evidence and identifying witnesses to counter the allegations. Legal expertise aids in navigating the complexities of the process and defending one's rights. Whether justified or not, facing such orders requires a strategic approach to ensure personal freedoms are safeguarded, allowing life to continue as intended. Read more »Emergency Protective Order Granted: What Now?
Receiving an emergency protective order is only the initial step in securing protection. After being granted this order, it's important to build a strong case by gathering evidence and identifying witnesses to support allegations, especially in cases of domestic abuse. Consider what can substantiate claims, such as police reports, medical records, or testimonies from friends who witnessed incidents. Seeking legal guidance is highly recommended to navigate this process effectively, as attempting to proceed alone can be challenging and less successful. A lawyer's expertise can significantly aid in crafting a compelling case to transition from an emergency order to a permanent protective measure. Read more »What's Next After a Protective Order is Dismissed?
In cases where the defendant wins at trial or the plaintiff voluntarily dismisses the protective order, significant next steps are essential. Following a 90-day waiting period, defendants can apply to expunge the protective order from their record. Successfully expunging the record means that there will be no trace of the case on public databases, like OSCN. Removing this record may prove advantageous when seeking certain job opportunities or during processes such as guardianship or adoption, where a clean background is essential. It is recommended to consult an attorney to initiate the expungement process and ensure all legal requirements are met. Read more »Non-Intimate Protective Orders: Legal Steps
Securing a protective order when there's no intimate relationship involves a few essential steps. Understanding the specifics of the Domestic Violence Prevention Act is crucial, especially when dealing with stalking or harassment not tied to a personal relationship. Evidence of sustained efforts to block communication, like disconnecting on social media or avoiding their phone calls, is vital. It's important to document incidents meticulously and file a police report for stalking or harassment. If these measures fail, filing a petition in district court becomes necessary. You should present your case showing comprehensive attempts to handle the situation independently. This approach increases the likelihood of obtaining protection. Read more »Challenging a Protective Order: Burden of Proof
Navigating the intricacies of protective orders can be daunting. A recent case highlighted the challenges in proving allegations without forensic evidence, medical records, or official charges. Even when a claim seems valid, the burden of proof lies with the person seeking the order, often leading to difficulties in he said, she said scenarios. Credibility becomes crucial, yet it can be insufficient if both parties are deemed believable by the court. This underscores the importance of collecting tangible evidence in protective order cases, as ultimately, the legal system prioritizes proof over mere assertions to decide a case. Read more »Do You Need an Emergency Protective Order?
If you're in a situation where you feel unsafe and in danger, you may need to consider obtaining an emergency protective order. An emergency protective order, or EPO, is a legal tool that can help protect you from immediate harm. Whether it's a domestic situation or someone stalking and harassing you, an EPO can provide the protection you need. However, obtaining and keeping an EPO can be challenging. It's important to have evidence to support your case and justify the need for protection. If you're in need of assistance with obtaining an EPO, don't hesitate to reach out to us at Wirth Law Group in Tulsa, Oklahoma. We're here to help make the legal process easy for you. Read more »Dos and Don'ts for Handling Protective Order Cases
Are you or someone you know the defendant in a protective order and wondering what to do in this situation? Carl Birkhead, an attorney in Tulsa, Oklahoma, shares his expert advice on navigating protective order cases. It's crucial to understand the do's and don'ts, especially when it comes to violating the protective order. Even seemingly innocent actions can have serious consequences. Carl emphasizes the importance of seeking legal guidance to protect yourself and avoid potential criminal liability. Don't risk making a costly mistake – reach out to a knowledgeable attorney like Carl Birkhead for help. Visit MakeLawEasy.com to learn more. Read more »What Happens If You Misuse a Protective Order
When you file for a protective order, you get an immediate hearing that day on the petition, a judge will enter an order temporarily. Read more »Does a Protective Order Take My Gun Rights Away In Oklahoma?
Tulsa Attorney James Wirth explains how a protective order can take away your gun rights. If that protective order is granted, your Second Amendment rights are gone at that moment that that protective order is served upon you. The sheriff will probably take those guns out of your household, or you'll have to give those to a third party because it will be illegal for you to possess them while the protective order is in place, and that's under federal law. Read more »Oklahoma Protective Order Can Affect Custody Rights.
Can you do something if your custody is being denied due to your protective order? Tulsa attorney James Wirth explains this divisive topic in-depth. So what can you do if your kids has been put on a protective order against you, and because of that protective order is in place, you can't have your visitation or custody rights? Well, that depends on a few things.... Read more »The Shocking Truth On How Long an Oklahoma P.O Can Last
Can an Oklahoma P.O Haunt You For Life? Tulsa attorney James Wirth explains how a protective order in the state of Oklahoma can have a crippling effect on you. A protective order act went in place in 1982. From that point to 1999, a protective order could be continuous or lifetime. And from that time frame, people got into the habit of calling it a permanent protective order because it was in place essentially forever.. but the law has since changed.. Read more »If Issued an Oklahoma P.O It Is CRUCIAL to Hire an Attorney.
Have you ever wondered if you should hire an Attorney to defend you against a protective order in Oklahoma? Tulsa attorney James Wirth says if someone files a protective order against you, it is quite necessary to hire an attorney. The reason is that these are very serious things and could have a major effect on you. Read more »A Surprising Thing Most Don't Know About Mutual Oklahoma Protective Orders
Are there mutual protective orders in Oklahoma? What is a mutual Oklahoma protective order? Tulsa attorney has the answer to both of these major concerns affecting those in the state of Oklahoma. 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. Read more »Can A Domestic Proceeding Affect an Oklahoma Protective Order?
How does it work when a protective order is filed and there's also another domestic proceeding, like a divorce or legal separation or a paternity case? I'm Tulsa attorney, James Wirth, I'm about to explore that topic.
If there's a divorce that's pending or a legal separation case that's pending or a custody case, any kind of domestic case, guardianship even or adoption, if those are pending already in the court, then most of the time if somebody tries to file a protective order and the parties are the same parties, that it will be filed as a separate case, but they'll be consolidated and they'll be set before the judge that has the regular domestic case rather than the judge that might've otherwise handled the protective order case. Read more »If Someone Files A Bogus Oklahoma Protective Order Against Me, Can I Have Them Pay My Attorney Fees?
If someone files a bogus protective order against you, can you get them to pay your attorney's fees that you used to defend it? I'm Tulsa attorney James Wirth, and I'm about to answer that question. If someone files a protective order against you and it's bogus, it's got a bunch of lies in it, ultimately goes to a hearing and that is dismissed, but you're out all this money paying an attorney to defend you on these claims. So can you get the plaintiff, the petitioner in the case, ordered to pay your attorney's fees? Well, it depends.. Read more »Restraining Order vs. a Protective Order in Oklahoma
What's the difference between a restraining order and a protective order in Oklahoma? I'm Tulsa attorney James Wirth, and I'm about to answer that question. First off, What's a protective order in Oklahoma? Protective order started in Oklahoma in 1982 and it allows for a different type of enforcement of a court order. If a protective order is violated, it is a crime. Read more »Do You Have To Pay A Filing Fee Or Court Charge To Get A Protective Order In Oklahoma?
Do you have to pay a filing fee or court cost, to get a protective order in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to discuss that issue. Okay, do you have to pay a filing fee to file a petition for a protective issue in Oklahoma? No. Read more »Do You Have To File A Police Report To Get A Protective Order In Oklahoma?
Do you have to file a police report in order to get a protective order in Oklahoma? I'm Tulsa attorney, James Wirth. I'm about to answer that question. Do you have to get a police report and make a report in order to get a protective order in Oklahoma? Well, it depends. It depends on the basis upon which you're requesting the protective order be granted. Under most circumstances, you do not. Read more »What Does Stalking Mean In An Oklahoma Protective Order?
What does it take to get a protective order on the basis of stalking in Oklahoma? What does stalking mean on the protective order act? I'm Oklahoma attorney James Wirth and I'm about to tell you. Under Oklahoma law, Stalking means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor or a minor 13 years of age of older in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested, and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Read more »What Is Harassment For The Purposes Of A Getting A Protective Order In Oklahoma?
What is harassment for the purpose of getting a protective order granted in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to answer that question for you. Harassment means a knowing and willful course or pattern of conduct by a family or household member or an individual who has been or is in a dating relationship with a person, directed at a specific person, which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress or must actually cause substantial distress to the person. Read more »What Does Domestic Abuse Mean For Getting A Protective Order In Oklahoma?
What does domestic abuse mean for the purposes of getting a protective order in Oklahoma? Oklahoma attorney James Wirth, answers that question for you. What are the four different ways to get a Protective Order? One, domestic abuse. Two, threat of imminent harm. Three, harassment. Four, stalking, also rape and potential if you're a victim of certain crimes. Read more »Can a Protective Order Be Vacated in Oklahoma?
Can a protective order be vacated in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to answer that question for you. If there's an order in place and it's vacated, it's not the same as the protective order expiring. When it's vacated, it undoes the granting of it in the first place. So it's like it never happened under those circumstances. So it's better to get it vacated than just to have it expired. Read more »Can Oklahoma Protective Orders Follow You For The Rest Of Your Life?
Can protective orders be expunged in Oklahoma or are they going to haunt you for the rest of your life? I'm Tulsa attorney James Wirth, and I'm about to answer those questions. Can a protective order be expunged in Oklahoma? Yes, they can. In fact, the vast majority of protective orders are eligible for expungement. What you want to look at is what was the end result of the case. Read more »Violation of An Oklahoma Protective Order Is a Crime!
What does it mean to violate a protective order? When somebody files for a protective order, it is effective when it's served on the defendant. So from that moment, they're on notice that any violation of it is not just contempt of court like in any other order violation, it is actually a separate criminal offense. That means that it is prosecuted not by the plaintiff, but by the district attorney. Read more »
