A Tulsa County protective order is a court order that stops a person from contacting you. The order stops them from harassing, stalking, or coming near the person who filed it. The protective order can be filed on behalf of the petitioner or a minor child. It can even go so far as to restrain the defendant from taking or harming pets. The power of a protective order is not limitless. The judge looks at the request made and grants whats within power of the law. The Judge will also decide what’s reasonably necessary to protect those listed on the petition.
Tulsa County Protective Order Process Explained
Any one has the possibility to get a protective order but you must first meet at least one of the possible relationship criteria. To meet the relationship criteria the petitioner must have had a relationship with the defendant. The relationship must fall into one or more categories. The categories include married to, divorced from, a Parent and child. They also include persons related by blood, related by marriage, a present spouse of an Ex-spouse. Other relationship criteria extends to persons living in the same household, or once living together, parents of a child, persons in a previous dating relationship, or a victim of rape. There is one exception to the relationship requirement. This is if you’re a victims of stalking who may be able to get a protective order against the person stalking them.
After you’ve met at least one of the requirements you must fill out a petition for protective order. Once filled out you file it with the court where the petitioner or defendant lives in or in the county where the abuse occurred.
Protective Order Trial
If the initial order is granted to you it must be served on the person its filed against. Until its filed its not valid because they don’t have notice of the protective order. Once they’re served we have a trial. The trial is a full blown trial. This means that both parties are allowed to have an attorney represent them. At the trial both parties are allowed to call witnesses and testify as to why you want the protective order. its set for a hearing. The hearing takes place shortly after the person is served notice.
How Long Do Oklahoma Protective Orders Last
A protective order can typically last up to five years. But they can also be as short as the petitioner would like, perhaps only six months. There are a few cases when you could receive a lifetime protective order and that’s when the defendant either has a previous final protective order against them or has a violent felony conviction.
Tulsa Protective Order Lawyers Near You
It is always a good idea to consult with an attorney in a protective order case. Whether you want one against someone or if someone has filed it against you the process is complicated. Both parties may be required to testify and put on a protective order trial. Unlike other family law matters a protective order is a quasi-criminal matter. This means the implications for both sides are very serious. In family law matters it may impact child custody and visitation. If you’d like a totally free and absolutely confidential consultation with a protective order attorney in Tulsa call us today