A protective order in Oklahoma, also known as a restraining order, is intended to protect a victim from harassment and violence. These orders can be obtained on an emergency basis and may become permanent. They require a hearing, but hearings vary depending on the type of order being sought. And too often, these orders are sought as a way to gain leverage in another matter. That matter could be a divorce proceeding, child custody matter, or even an unrelated dispute or civil proceeding. That is why it is critical to have a Tahlequah protective order defense lawyer help you negotiate the process.
How These Orders Can Be Used
Protective orders are often granted on an emergency basis to prohibit contact between the alleged aggressor and the alleged victim. A protective order prohibits all kinds of contact, direct and indirect.
Direct contact includes telephone calls, face-to-face meetings, and approaching the residence or workplace of the victim. These orders are particularly useful in domestic violence situations.
Temporary orders are often granted on an emergency basis, with only the requesting party and the judge present. For many, the first time they know a restraining order has been entered against them is when they are served with the order.
Imagine for a moment that you are the person served with the order. You have been engaged in a custody battle with your ex during a bitter divorce. You have consistently tried to placate your ex, but feel strongly that your ex shouldn’t be the custodial parent. Out of the blue, you get served with a protective order.
At your custody hearing, this becomes a big issue. Your ex points out their fear that you are an unfit parent due to the potential for violence. The family court judge looks at you differently now and you fear you will lose custody of your child.
How A Protective Order Lawyer Can Help
A temporary or emergency order is just that. It is issued for a short period of time, and often without input from the person whose behavior is being restrained. A noticed hearing is required for a more permanent order. It is critical to attend that hearing and advisable to retain a Tahlequah attorney to help defend you at that hearing.
Permanent orders can have unexpected consequences. Not only is contact prohibited, but also these orders can have lasting consequences on professional licenses, the right to own firearms, your freedom to travel or associate with others, and even future employment prospects.
The violation of a protective order can be intentional or accidental. In either case, the violation can open a person to criminal misdemeanor charges. Future violations of a restraining order can result in felony charges and even prison time.
Your protective order attorney can help you not only with the hearing on the protective order, but also with regard to any potential consequences in other legal matters between you and the alleged victim. Get the help you need today.
Free Consultation: Tahlequah Protective Order Defense Lawyer
For a free consultation with a Tahlequah attorney, call Wirth Law Office – Tahlequah at 918-458-2677 or toll free at 1-888-447-7262.
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