Tahlequah Attorney BlogProtective Order Vs Emergency Custody: What’s the Difference?

Custody Cannot Be Decided in a Protective Order

Video Transcribed:  You just got a protective order against an ex and your children aren’t able to be put on it with you. What’s your next step? Hi, my name is Ryan Cannonie. I’m an attorney in Tahlequah. One thing that, especially since COVID, it seems like we’re seeing is more protective orders where children are put on there as well.

And what I mean by that is you, as an adult, can get a protective order against someone, but you, as a parent, can also go in and get a protective order that has your kids on it against possibly another parent or other family member, and so they are not allowed to around your kids as well as not being allowed around you.

Now, if you’re a parent and you have maybe a child custody situation going on, let’s say you have some abuse going on, a protective order is really easy to get, relative to everything else you can do in the court system.

Tahlequah attorneyYou can usually go up and fill out a paragraph or so of what’s going on, sometimes take a police report if it’s required, based on your situation, and a judge may give you an emergency right then and there.

In and out, and you can get it pretty quick, compared to a lot of filings and setting hearing dates and things like that. So a lot of people end up with these protective orders, but they don’t have any custody agreements to go along with them.

So, one thing you’re going to want to look at is an emergency custody order in Tahlequah. And so what you’re doing there is not just you have the protective order, but you’re also filing something to change custody so that you have legal custody.

And to do that, you probably want to talk to an attorney because you don’t want to mess it up, or there’s a lot of different rules and regulations to how you have to file service on people, set dates, things of that nature.

If you have questions about this, if you’re thinking that you might be in a situation where your children are going to need a protective order against someone, but also possibly change custody or even modify custody or visitation, then please give us a call.

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