It seems that sometimes people get protective orders in Oklahoma at almost the drop of a hat. When this happens to you defending against a protective order is crucial to your future. There is a very specific process that the courts require both parties to go through. Please note that the specific legal procedures and requirements may vary depending on your jurisdiction. This procedure is governed by Oklahoma statutes but may very from county to county. If a person fails to follow the procedure they could face an order that extends for 5 years and can be renewed for life depending on the case.
Consult an Attorney in Who Understands The Process
Its not uncommon for someone facing a frivolous protective order to think they can go it alone. Sometimes this may be the case but beware. The person that got the bogus protective order against you may be prepared to inflict what ever damage they can on you. Don’t walk into a trap and find yourself paying the price. Get an attorney and they will fight for you helping to guard your rights. Remember a protective order issued against you stays on your public record and presents you in a false light.
Gather Evidence That Supports Your Case
Part of a good solid defense is preparation. When you go to court you must be ready to put on a trial. At this trial you present evidence that supports your case. Evidence that helps you in Defending against a protective order includes many things. Some examples are text messages, witnesses that you have in court testify and all other relevant documents that rebut the allegations being made against you. Don’t rely on what may otherwise look like an open and shut case. Document everything so that you can put on the strongest possible defense. Be prepared and you can win.
Attend the Protective Order Hearing
Never ever miss the hearing. This is the most important thing you can do. If a person is prepared to get a frivolous protective order against you you better bet they hope that you do not show up to defend it. If you don’t show, and the person who swore out the bogus protective order against you does, its bad for you. In this case there is a very good chance the Judge will issue the order against you. This is one way they get exactly what they wanted without having to do much at all. Trust me this happens much more often than people think. In fact, its not unreasonable to think the other side planned this might happen.
In the event that you miss your court date for a good reason you need to act very quickly. If its done within 30 days its possible to persuade the protective order judge to set aside the default. This is done with motions being drafted an a hearing on the reason you didn’t show. If they ultimately end up with their protective order its absolutly critical that you dont go near them. If you do the law comes down hard on those who violate the courts order of protection.
Be Ready For The Protective Order Trial
This is where the rubber hits the road. The Judge will call the people to sit in the tables before her bench. The person who is asking for the protective order will usually have an attorney. Their attorney will start to ask you questions trying to prove their case. They will also call any witnesses they have and ask them questions. After they have presented their case its your turn. This is when your attorney is able to cross examine the party asking for the bogus protective order. Your attorney is also going to offer any exhibits to the court that support your case. This includes any of the relevant evidence you have that supports your case. You can also call any witnesses you have so long as the witnesses have personal knowledge of what is being claimed in the protective order.
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Tulsa Protective Order Defense Lawyers Near You
If Defending against a protective order that has wrongfully been filed against you is problem we can help. Our Tulsa protective order defense attorneys have been involved in thousands of cases over the last 20 years. We understand how high the stakes are for someone facing a frivolous order of protection and aggressively attack the false allegation’s. Call us at 918.416.0358 or contact us on line and get a Free Consultation with one of our defense lawyers.