When someone is falsely accused of domestic abuse, harassment, stalking, or other conduct leading to a protective order, the legal and personal consequences can be significant. In Oklahoma, defending against a protective order requires court appearances, evidence gathering, and often the assistance of an attorney. One of the most common questions clients ask is whether they can recover their attorney fees if the protective order was filed in bad faith or without any legal basis.
Understanding Attorney Fees in Oklahoma Protective Order Cases
Protective orders in Oklahoma are civil cases filed under the Protection from Domestic Abuse Act. Generally, each party pays their own attorney fees unless a statute allows otherwise. However, Oklahoma law recognizes that protective orders can be misused as tools for leverage in custody disputes, divorce cases, or personal conflicts. For that reason, courts have the discretion to award fees when the protective order was:
- Filed frivolously,
- Filed in bad faith, or
- Used improperly to harass, intimidate, or gain advantage over the respondent.
When a judge finds that the allegations were knowingly false or brought with malicious intent, the respondent may be entitled to recover reasonable attorney fees and costs.
What the Court Looks For
Judges in Oklahoma do not automatically award attorney fees simply because the protective order is dismissed. Instead, the court looks at:
- The petitioner’s intent — Was the filing done to protect safety or to manipulate a situation?
- The credibility of the allegations — Was there any factual basis for the claims?
- Evidence of bad faith — Did the petitioner lie, exaggerate, or omit important facts?
- Whether the protective order was used for personal gain, such as influencing custody or retaliating after a breakup.
If the dismissal is “with findings,” meaning the judge expressly states that the filing was improper or false, the likelihood of attorney fee recovery increases significantly.
When Attorney Fees Are Commonly Awarded
Attorney fees are more likely to be granted when:
- The protective order was clearly fabricated,
- The petitioner admits dishonesty,
- Evidence shows the petitioner intended to gain advantage in a custody or divorce case,
- The judge finds the petition was abusive or retaliatory, or
- The respondent had to defend against multiple baseless filings.
In some cases, the court may also award costs such as process server fees, expert witness fees, or other litigation expenses.
When Fees Are Less Likely
On the other hand, fees are less commonly awarded when:
- The case is dismissed without prejudice and without specific findings,
- The petitioner had some reasonable belief that danger existed—even if ultimately mistaken,
- The judge believes the conflict stemmed from miscommunication rather than intent to deceive.
Because judges have broad discretion, outcomes vary widely from county to county.
How to Seek Attorney Fees in a False Protective Order Case
To request fees, the respondent—usually through their attorney—must:
- File a motion asking the court to award attorney fees and costs,
- Present evidence showing why the filing was false or frivolous, and
- Provide documentation of the attorney fees incurred.
The respondent must also demonstrate that the fees are reasonable, which typically involves providing billing statements and testimony if needed.
Why Legal Representation Matters
False protective orders can harm a person’s reputation, employment, custody rights, and gun rights. They can also be emotionally distressing, especially when based on fabricated allegations. An experienced Oklahoma protective order attorney can help:
- Gather evidence to refute the allegations,
- Cross-examine witnesses at the hearing,
- Request findings of bad faith, and
- Seek attorney fees when appropriate.
Securing a finding that the protective order was wrongful not only helps recover costs—it protects the respondent from future abusive filings.
Tulsa Protective Order Defense Attorneys
Falsely accused individuals deserve a fair process and protection from abusive or retaliatory filings. If you believe a protective order was filed against you without cause, you may be entitled to recover your attorney fees under Oklahoma law. A knowledgeable Tulsa protective order attorney can guide you through the hearing, present your defenses, and pursue a motion for fees when the evidence supports it. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a free consultation.