The Protective Order Process in Oklahoma
Protective orders are available to anyone who has suffered harassment or abuse including abuse against children from a relative, spouse, or ex. It could also be someone you lived or worked with, or who committed a violent crime or attempted to commit a violent crime against you.
The process for protective orders in Oklahoma includes the following:
1. Submit the Petition for Order of Protection
The Petition for Order of Protection is available from the court in your county, the county where the person you want protection currently lives, or in the county where the abuse occurred. Some situations are emergency situations and when they are, you can fill out a Petition for an Emergency Order of Protection. Filling Out the Petition for Order of Protection
The information on the form tells the judge what has happened, who did what, and why you need protection from the court.
You will list a chronological history of the abuse, any injuries that you obtained, the reason why you think the abuse will continue, and a description of the abuser including name, address, vehicle, marks such as tattoos, photograph, etc.
A physical address of where the abuser lives is important so that the police or sheriff can serve them and give them a warning that the court has issued a protective order.
A family attorney can help you fill out the form, especially if you are going through a divorce or separation.
You will need to include your mailing address or PO Box which is used by the court to remain in contact with you for hearing notifications, and when necessary to inform the abuser that they are not allowed near your home, work, vehicle, children, children’s school or daycare, and other locations where you must go on a regular basis.
2. Filing the Petition for Protective Order
Each county is different, but there is a designated court official to whom you would submit the petition. Usually, that person is the county court clerk, but it may also be someone in the District Attorney’s office. Your family lawyer will often file this form for you. If you do not have a lawyer or this is an emergency, you can file the petition with the court clerk in the county where you live, where the abuse occurred, or where the abuser lives. Generally, there is no fee for filing the petition but in some cases, the court may make one party or the other pay for the court costs. Reaching out to a lawyer may be the best option as filing can be cumbersome.
3. The Judge and Ruling
Once you file the petition, the judge will review it and make an emergency decision. They will likely issue an emergency petition of protection and then schedule a court date for you and the abuser. At this time, the court will determine the final protective order.
If you have a family attorney, they will accompany you to court and assist you with presenting your side of the situation. They will also make sure that you fill out the form entirely and accurately so that the court knows the full extent of the threat to you or you and your children.
The judge will explain to the abuser what the protective order means and how the court will react if the order is not taken seriously.
Contact Owens Law Office for more information regarding Protective Orders
Owens Law Office serves the greater Oklahoma community with family law, divorce, and child rights. Reach out to our team if you feel threatened or have been abused. We will help you understand your legal rights, stand up for your cause, and work with you through the entire process, including the court process.