Tulsa Attorney Blog 24 Posts Tagged 'protective orders'


  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.