A Frivolous Protective Order Hurts Everyone
A frivolous protective order can cause so much damage in divorce cases. It can rip an already hurting family into shreds. Yet sometimes a divorcing spouse will file a frivolous protective order out of anger or out of a desire to gain leverage in a custody battle. So, what can you do when you are served with a protective order that contains nothing but lies? It’s important that you have a Tulsa divorce attorney on your side.
Negotiate to Have the Matter Dismissed
The first thing you can do is develop a plan with your attorney to discuss the matter with your ex’s attorney. You lose nothing by negotiating with your ex’s attorney to dismiss the matter in good faith. Dismissing a frivolous protective order may be easier than going to court and proving the spurious allegations it contains.
Remember that a court may allow an emergency protective order on an ex-parte basis with little proof. A fully noticed hearing is required for anything other than an emergency order. The more outlandish the lies, the harder they are to prove. Your ex may not be able to prove anything. Negotiating to have the matter dismissed before the hearing will strengthen your ability to obtain redress for the frivolous filing later.
Get Attorney’s Fees and Costs Repaid
Courts do not like frivolous filings. They are a waste of time, money, and energy. Further, they can warp the core of justice when used to gain leverage in a divorce case. A judge may award attorney’s fees in such a case when two things occur:
- The judge finds that the filing was frivolous and had no merit; and
- The judge finds that there is no actual victim in the case.
If your ex files and fails to dismiss a frivolous request for a protective order, the judge may well grant you attorney’s fees and costs incurred in defending the motion. This can offset your costs in having to defend against the motion, and it will deter your ex from filing further frivolous motions.
Courts do not like to deter a genuine motion for a protective order. However, if your spouse has a history of abusing the legal process, the court may grant a request for attorney’s fees and costs. In order to grant these, a judge must specifically find that the request for a protective order was frivolous. Without that finding, a court cannot award attorney’s fees and costs.
Initial Consultation with a Tulsa Protective Order Defense Attorney
When your ex files for a protective order, you should get immediate legal help. Protective orders can be a frivolous attempt at obtaining leverage with regard to ongoing custody and support issues. 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. Call the Tulsa Divorce Attorney at Divorce Law Office of Tulsa at (918) 924-5526. You may also fill out the form at the bottom of the page.