In Oklahoma, there are several steps required to file a protective order. Retaining a skilled family law attorney and collecting your evidence will make the process of filing a protective order much easier. 
First, we cover what a protective order is. Then, how to get the process started to file a protective order. Finally we cover the evidence you and your attorney will gather in order to successfully obtain your protective order.
Requirements to File a Protective Order
A protective order only covers the following actions:
– Abuse
– Stalking
– Harassment
In addition to specific acts, a protective order will only apply to certain individuals. Oklahoma law refers to these individuals as a “family or household member.” However, this can be confusing because some of the individuals the protective order can cover also include previous roommates, boyfriends or girlfriends, and anyone you used to live with.
The following is a comprehensive list of who you may name in your protective order:
– A spouse or previous spouse
– The spouse of an ex-spouse
– Parents, grandparents, step-Parents, adoptive parents, and foster parents
– Children, grandchildren, step-children, adoptive children, foster children
– Anyone related to you by blood or marriage
– Anyone you live with or used to live with, including roommates
– Anyone you have had a child with
– Anyone you currently date or used to date
An important issue your family law attorney will point out is that if the person you are seeking a protective order against does not meet the criteria above, you may be able to file for a stalking protective order or a civil restraint order.
The Process to File a Protective Order
Your family law attorney will work with you to complete a “petition,” which is used to start the process to file a protective order. The petition will include detailed explanations of the abuse, who the abuser is, as well as your requests on how this person is to be restrained.
For example, you can ask for them not to be within 100 yards of you, not to visit your place of business, etc. Your family law attorney will help guide you through all of these sections.
Next, your attorney will have the opposing party served so that they have notice of the hearing before a judge where a temporary protective order may be issued.
If the abuse or harassment continues, or there is sufficient threat of continued violence or abuse, there will be a subsequent hearing approximately three weeks later where the protective order can become permanent for as many as three years.
Last, you and your attorney will attend an “ex-parte” hearing, which is an emergency hearing in order to obtain the temporary protective order. This hearing usually occurs within 24 to 72 hours.
Evidence to File a Protective Order
One of the most important elements of a protective order is keeping accurate and up-to-date evidence. You and your attorney will work on compiling the evidence in order to present it to the court. You will prepare and tell your family law attorney at your first meeting the following:
- The two most recent incidents of abuse or harassment.
- The two worst abuse or harassment incidents.
- If the opposing party has any weapons, especially firearms
- If the opposing party has ever threatened to physically hurt or kill you
These are very serious topics and your family law attorney may have resources or help you find resources if you are not safe in your current living situation.
Information that you should be keeping, or putting together before your first meeting, is as follows:
- A witness list of anyone who has ever seen the abuse or harassment (e.g. a doctor, nurse, friends, family members, law enforcement officer, or your child) and what these witnesses might say if asked about the abuse
- Any pictures that you took of the abuse and any pictures you took of the scene after the abuse occurred (e.g. a disheveled living room, turned over table, etc.)
- Police reports
- Any transcripts or recordings of 911 calls, these recordings are usually erased after a certain amount of time (sometimes a week or a month) – it is important to retrieve them as soon as possible
- Certified copy of opposing party’s criminal record, your family law attorney can also assist you in obtaining this
If you are unsure of how to collect this information or you are concerned you don’t have any of the above evidence mentioned, do not worry. An experienced family law attorney can help you file a protective order and be successful as long as you keep the lines of communication open and are able to discuss your abuse with your family law attorney.
Initial Consultation with a Tulsa Child Support Attorney
You should feel comfortable with your attorney during this entire process. To file a protective order can be overwhelming and stressful, knowing that you have an advocate on your side is very important, and feeling like your family law attorney is advocating for you is essential.
Hiring a knowledgeable and compassionate family law attorney will ensure the process is expertly conducted and your interests are well represented.
Contact an experienced Tulsa family law attorney when you need to go through the Oklahoma relocation process.