Protective Order on Your Record
Criminal court records can turn up on background checks for years, making it difficult to get and keep a good job and stable housing. A protective order issued against you is an example of a criminal record that can make it difficult to move on with your life after a divorce. But getting a protective order removed from court records is an important step to take in getting your life back on track.
Protective orders and restraining orders are different names for the same thing. They are issued to protect victims against harassing behaviors and violence or the threat of violence. Unfortunately, in contentious divorce cases, an angry ex often seeks a protective order out of spite or in an attempt to gain leverage. And once a temporary or permanent protective order is issued against you, it remains on your criminal record unless you get it expunged.
Expungement: An Erasure of Records
Expungement is a tool that can be used to erase or seal certain records, making it easier to move on. Generally, court records are public. They are available at the courthouse and online for the public to search and view. Erasure can make it impossible for the public to see these records.
To expunge a protective order, you must take affirmative steps. You will fare best with legal help. A Petition for Expungement must be brought before the court. These petitions are technical. You must adhere to all aspects of the process for the court to grant the petition. A protective order expungement attorney in Tulsa can ensure that you are compliant and guide you through the process.
Getting a Protective Order Removed in Oklahoma
The order you are seeking to have expunged in Oklahoma must have been issued by an Oklahoma court. If the restraining order was issued either by another state court or by the federal government, you may not seek expungement in an Oklahoma state court.
An Oklahoma protective order may be expunged in four situations. All four situations are specific. Your situation must fit one of them exactly in order to obtain an expungement.
In the first situation, an ex-parte order for protection was issued, probably on an emergency basis only. However, the court proceeding was terminated by a dismissal of the petition for the protective order before a full hearing occurred. Alternatively, the petition was denied after a full hearing occurred.
Finally, it could have been that the person asking for the order failed to appear at the hearing, and at least 90 days have passed since the date set for the full hearing. Either a full hearing never occurred or the petition for a restraining order was denied after the hearing.
In the second situation, an initial petition for a protective order was filed but the alleged victim failed to appear at the hearing. At least 90 days have passed since the date set for the full hearing. No full hearing occured because of the failure to appear, and so the order for a full protective order was never granted.
In the third situation, the restraining orders have been vacated. In addition, three years have passed since the order to vacate was entered. This can be done at your request as an initial step toward expungement.
In the fourth situation, one of the parties to the order has passed away. In that case, there is no longer a need for a restraining order (Okla. Stat. tit.22 § 60.18).
This Requires a Formal Petition With the Court
These petitions are complex and exacting. The petition must specify the law you are relying on and state how your case fits the law at issue. In addition, all interested parties must be served with the Notice of Hearing and a copy of the petition. This includes the person who originally sought out the protective order.
This area of the law is quite technical and laborious. Always consult with an experienced Tulsa protective order defense attorney regarding any aspect of protective orders. This includes getting a protective order removed so you can move on with your life.
Initial Consultation with a Tulsa Protective Order Defense Attorney
Get the help you need in this area by bringing your questions and concerns to an experienced protective order defense attorney. We offer low-cost, no-obligation consultations. Contact the Tulsa Divorce Attorney at Divorce Law Office of Tulsa at (918) 924-5526. You can also fill out the form at the bottom of the page.