Its not that unusual that a parent wants to Dismiss a Protective Order they swore out against the other parent in a custody dispute. Child custody battles in Oklahoma are sometimes an emotional nightmare that is difficult to wake up from. It can be even more emotionally taxing, especially when protective orders are involved. The protection order you swore out, while intended to safeguard individuals from harm, can make co-parenting nearly impossible. If you find yourself in a situation where you filed a protective order against your child’s other parent and now you want to dismiss it read on for some ideas.
Understanding Protective Orders:
Protective orders, also known as restraining orders, are legal documents issued by a court to protect individuals from harassment, abuse, or violence. In the context of child custody disputes, one parent may seek a protective order against the other. They do this if they believe there is a threat to their safety or the safety of the child. In the context of child custody Oklahoma law tells us that a child can not be put on a protective order. This is because they are not intended for the purpose of deciding child custody. Rather the protective order courts will tell you that you must instead file for emergency custody. This means you remove the protective order as to the child and ask for emergency custody. The parent swearing out the order of protection can keep it for themselves but not the child.
Grounds for Dismissal:
To dismiss a protective order filed against the other parent in a child custody case, certain conditions must be met. While specific requirements may vary depending on jurisdiction, common grounds for dismissal include:
- Mutual Agreement: Both parties may agree to dismiss the protective order voluntarily. This typically requires filing a joint request or stipulation with the court.
- Change in Circumstances: If circumstances have changed since the protective order was issued. This can include improved communication or a decrease in conflict between the parents, the court may consider dismissing the order.
- Lack of Evidence: If the petitioner fails to provide sufficient evidence to support the need for a protective order, the court may dismiss the order upon request or motion from the respondent.
What If DHS is Involved In The Case
If DHS is involved in your case this can make things difficult. Really it depends why they are in the case. If they are in because of allegations of domestic violence and abuse this is more problematic. Even more complicated is a situation where DHS is in on filing the order of protection. The problem is that if they believe you are failing to protect your child the agency itself may try to remove the child on a failure to protect basis. Although this may not be the case I advise caution when dealing with domestic abuse. Protecting your child is the most important thing and DHS will help ensure this.
Reliable Tulsa Child Custody Attorneys Near You:
Dismissing a protective order filed against the other parent in a child custody case requires careful consideration and legal expertise. By understanding the grounds for dismissal and following the proper procedures, parents can work towards resolving conflicts. This adds to creating a safe and stable environment for their children. For a Free and confidential consultation with an Oklahoma family lawyer call Tulsa Divorce Attorneys and Associates at 539-309-0303