Protective Orders
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 »Oklahoma Protective Order Process - Step 5: What Is Discovery?
Protective order step 5 is discovery. What is discovery? Hi, I'm a Tulsa attorney, James Wirth, and I'm about to answer those questions and give you an overview of discovery in protective orders. Discovery is simply a process in litigation by which you get information. Read more »Oklahoma Protective Order Process - Step 4 : Full Protective Order Hearing
Step 4 in the protective order process, that is the full hearing. I'm Oklahoma Attorney James Wirth and I'm about to tell you what to expect at a full protective order hearing. If you filed for a protective order or the other side filed for a protective order, and it's been set for the full hearing. That is the opportunity for both sides to be heard, where there's an opportunity to have a court reporter present, which you definitely want to request, and an opportunity to cross-examine on both sides, bring witnesses, introduce evidence. Read more »The Protective Order Process In Oklahoma - Step 2: Ex Parte Emergency Hearing
Step two in a protective order process is the ex parte hearing. What is that? I'm Oklahoma attorney James Wirth, and I have the answer to that question. Ex parte hearing means one party is heard. The other party is not heard. If you're the plaintiff, you get to give your testimony. Read more »
What Are The Steps In The Process For Getting a Protective Order in Oklahoma?
First step, you've got to file some pleadings. Step two is you're going to go before a judge in what's called an ex parte hearing, ex parte meaning only one party is heard. The next step is actually going to be service. So once the ex parte hearing happens, if the protective order is granted, then the defendant needs to be served. The next step in list there, that is going to be the full protective order hearing. So on that date, you need to be prepared to be put on evidence to testify and to be ready to be cross-examined. The next potential step is is discovery. If the defendant fails to appear and it's granted, and it does not offer any more stringent terms than the emergency, it does not have to be served again. Read more »
What Is The Procedure For Getting a Protective Order in Oklahoma? What Should You Expect?
What is the procedure for getting a protective order in Oklahoma? What should you expect? I'm Oklahoma attorney James Wirth, and I have the answers to those questions for you. If you're getting a protective order in Oklahoma, the first thing that occurs is essentially the pleadings, the drafting and the filing of the pleadings. In Oklahoma, in most types of civil cases, family law cases included, there aren't form pleadings at the courthouse, but that's different for protective orders. Read more »
Can a Protective Order Case Be Transferred To Another Judge or Another County in Oklahoma?
Can a protective order case in Oklahoma be transferred to another judge or another county? I'm Oklahoma attorney James Wirth and I have the answer to that question. In protective orders there are a couple of considerations. If you're in a county that has a separate docket for protective orders like Tulsa County, then if a FD filing, a family domestic filing, is filed, those two are generally consolidated together.
Read more »Everything You Need to Know About Oklahoma Protective Orders
So what is a protective order? That is where you can get an order in place that requires somebody to stay away from you, somebody to stop having contact with you, stop harassing you, stalking. And in Oklahoma we call them protective orders. Elsewhere, people may be more familiar with them as restraining orders. Read more »Court Revokes Oklahoma Protective Order Issued by County Judge
An Oklahoma appeals court said a district court abused its discretion in a protective order involving threats alleged during an international online chat. The appeals court said district courts must consider whether an allegation indicates a credible threat before granting an order of protection from domestic abuse. The decision suggests attorneys for protective order defense in Oklahoma can rely on the state's appeals courts to carefully review lower courts that rubber stamp petitions for domestic restraining orders. Read more »
