Tulsa Protective Order Attorney

Protective orders are meant to prevent the violent, abusive, and intimidating acts against victims of physical, mental and psychological abuse. Judges are given a wide scope of authority to effectuate these orders, and a victim can generally seek a protective order in either a criminal or a civil court setting.

 A protective order is commonly referred to as a restraining order or sometimes even an injunction in some jurisdictions, but protective orders are generally executed and served on a particular individual in order to protect another. Though protective orders are most often pursued in situations that involve domestic violence, the scope of protective orders in Oklahoma and everywhere else has expanded to include conduct such as stalking, among other things. Additionally, protective orders in Oklahoma can protect crime victims and witnesses from harassment by defendants.

 What does a protective order do?

  • Restrict contact
  • Prohibit abuse or intimidation
  • Prevent harassment
  • Determine and enforce child custody and visitation rights
  • Mandate offender counseling
  • Prohibit possession of firearms (and usually surrender or existing firearms)

There are three types of protective orders available in Oklahoma:

1. Emergency temporary orders
2. Emergency ex parte protective orders
3. Final protective orders.

An emergency temporary order is a short-term protective order that is normally executed after hours by a night court judge, and given during an immediate emergency. Usually, this type of order lasts for about 24 hours or until the court opens the next business day. Generally, a petitioner will file for an extension of this order when the courthouse does open, and this can be done on an ex parte basis.

An emergency ex parte protective order is similar to the type listed above, and the only difference is the time of day in which it is filed. This order is entered until such time as a full hearing can be held, and that hearing typically takes place within 20 days. Final protective orders offer long-term protection , and are issued after the full hearing in which both parties to the situation are present in the courtroom. These final orders can last for multiple years.

If you are in need of a legal opinion from a Tulsa Protective Order Attorney, feel free to contact Ms. Schmook for a free consultation.