Protective orders in Tulsa are a big part of child custody and divorce cases. If you have been notified of a protective order that you disagree with, it helps to understand the process to know your options. You may have a protective order issued against you without even knowing that it had been requested. This can happen if a person files (the plaintiff) and requests an emergency order. Next, a judge holds an ex parte hearing. An ex parte hearing does not have all of the parties present – in this case, you as the defendant. If the plaintiff persuades the judge at the hearing, the judge can issue an emergency ex parte order.
Alternatively, an alleged victim of a serious crime of violence such as rape or abduction may ask the officer taking the complaint for a protective order. In that instance, the judge can issue an emergency temporary order after the officer discusses the matter with the judge.
An emergency ex parte order is temporary. It will stay in place until the court can hold a hearing that you can attend and give your side.
Protective Orders Must be Obeyed
First and foremost, a violation of a protective order is a crime. Your arguments against the protective order don’t help you if you are charged with violating it. Violation of a protective order in place is a crime, even if you ultimately provide it should be removed.
You are guilty of a crime if you violate a protective order in place, even if you ultimately prove it should be removed. The second violation of a protective order is a felony.
Also, practically speaking, a violation of the temporary protective order will hurt your case when you try to argue against a final order or try to get it modified. If its issued as part of a divorce or child custody or paternity case this wont be helped either. The court has expanded authority to control your actions upon conviction of violating a protective order.
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The Hearing For The Final Order
First, you will be served with the protective order and notice of the hearing, which you can and should attend. The hearing occurs after you are served, but the protective order stays in place for as long as the court is waiting for you to be served. You are guilty of a crime if you violate a protective order, even if the order is ultimately dismissed.
It is in your best interests to make sure you get the notice of the full hearing. If you do not attend, the judge will most likely keep in place the emergency order already handed down.
At the hearing, you can try to prove that the conduct alleged by the plaintiff did not happen. However, the plaintiff does not need to prove their case beyond a reasonable doubt like in a criminal case. Because the standard of proof is lower, it’s more difficult to disprove the alleged conduct.
You can also argue that the conditions in the final protective order should be changed from those in the emergency order. The court’s job is to ensure the safety of the plaintiff. So, you will want to bring evidence and make arguments showing that the plaintiff will be just as safe with fewer restrictions placed on you.
Protective Order Attorneys Near You
If you are defending against another’s attempt to get a protective order against you, you should promptly discuss your situation with an experienced attorney. Tulsa Divorce Attorneys and Associates Law Office has years of experience with all types of family law matters. For more information about protective orders in the state of Oklahoma, reach out to the family law attorneys at 539-302-0303