In an Oklahoma protective order case, discovery is the legal process by which parties involved in the case obtain information. This includes evidence, and relevant facts from each other. The primary goal of discovery in a protective order case is to allow both the petitioner (the person seeking protection) and the respondent (the person against whom the protective order issues to) to gather information that may be relevant to the issuance or defense of the protective order.
Rights To Discovery in A Protective Order Case
In both civil and criminal litigation the parities are entitled to discovery. Regarding protective orders, it’s not always been clear if both parties to the case have an entitlement to discovery. It’s always been an assumption that due process guarantees the person who the protective order is being sworn out against has the right to discovery. Recently the courts in Oklahoma guaranteed that same right to the petitioner in protective order cases. It only makes sense, and it’s about time the courts did a ruling on this.
Protective Order Cases And Custody
It’s not uncommon for parents in a divorce or paternity case to file protective orders. It’s even more common for parents to put their children on the protective order. In this case, the Judge may issue the order of protection at the initial request for the order, but later take them off. They do this because the first issuance of the order the courts have not yet had a trial where the issues could be fleshed out. The problem is that the law in Oklahoma is clear children can not be on a protective order if it appears that the basis is simply to determine custody.
The Judge at your hearing will tell you to remove the child and file emergency custody. The reasoning is simple, if you need protection for the child than you should be successful in your motion for emergency custody. At the end of the day, if the protection order involves married people or is part of a paternity case the Judge will consolidate the cases and send them up to the family law judge in your custody and divorce case.
Common Methods of Discovery in Protective Order Cases:
- Interrogatories: Written questions submitted by one party to the other, seeking specific information relevant to the protective order case. The responding party must provide written answers under oath.
- Requests for Production of Documents: Requests for the production of specific documents, records, or tangible items that are relevant to the protective order case. This may include communications, photos, or other evidence.
- Requests for Admissions: Written requests asking the other party to admit or deny certain facts or legal issues. Admissions can help simplify the issues in dispute.
- Depositions: Oral testimony given by a party or witness under oath, typically in the presence of a court reporter. Depositions allow for in-depth questioning and can be useful as evidence in court.
- Subpoenas: Legal documents that compel the production of documents or the attendance of witnesses at a hearing. Subpoenas may be issued to third parties who may have relevant information.
In a protective order case, discovery plays a crucial role. It allows both parties to present their case and ensure that all relevant information is brought to light. This might include claims of domestic violence or anything else relevant. The specific methods and rules for discovery in protective order cases typically outlined in the Oklahoma statutes.
It’s important to note that protective order cases often involve sensitive and personal information. Because of this the court may limitations on certain aspects of discovery available. This is here to protect the privacy and safety of all the parties.
Oklahoma Protective Orders Attorneys Near You
If you are facing a protective order you are in a stressful situation. It does not matter if you have sworn one out against someone harassing or stalking you. It does not matter if you are falsely being accused of staking or harassing someone. Either way the protective order process is difficult and often ends in a trial. Our Tulsa protective order attorneys have done thousands of this kind of case in many Counties throughout Oklahoma. Get a free consultation from the firm of Tulsa Divorce Attorneys and Associates by calling in Tulsa 539.302.0303 or follow this link to ask a Free legal question