Scheduling consultations now, In-Office, Phone and Videoconference.
Call our Tulsa, Oklahoma office: (918) 322-0092
Protective Orders in Tulsa, Oklahoma
Protective Orders Stop Domestic Violence
Domestic violence is a serious issue that affects many families, causing harm to both the victim and their loved ones. In such situations, obtaining a protective order can be an essential step towards ensuring the safety of all parties involved. A protective order is a legally binding document issued by a court that requires an abuser to refrain from certain actions such as harassment, threats, or physical abuse towards the protected individual.
Having a protective order in place can serve as a strong deterrent to the abuser and may reduce the likelihood of further violence. It can also provide the victim with a sense of security, knowing that the law is on their side and that there are legal consequences for the abuser’s actions. Furthermore, a protective order can provide practical support, such as requiring the abuser to leave the shared residence, providing temporary custody of children, or granting the victim exclusive use of shared property.
Contested Hearing
When an emergency protective order is issued, a hearing will be scheduled and your abuser will need to be served with a copy of the notice. He or she then can appear at the hearing and may request a contested hearing. At this contested hearing, the petitioner will need to prove that abuse happened such that the order will continue in effect.
At the contested hearing on the protective order, it is important to have witnesses available to testify and evidence (such as photos, emails, and text messages) available to present to the judge. Because these hearings affect fundamental rights and can be very complex, it is important for you to have an attorney representing you.
What a Protective Order Can Do:
An emergency protective order can:
- require your abuser to have no contact with you (and your children) at all
- make him or her stay away from your residence
- give you exclusive custody of your pets
- make your abuser to surrender their firearms and other dangerous weapons.
The court will schedule a follow-up hearing that you will have to go to in order to keep your emergency protective order in place. If your abuser fails to show up after notice, you can request the order be made a final protective order.
Defending Against a Protective Order
There are several reasons why someone may object to having a protective order taken out against them. They may feel that the allegations of domestic violence are unfounded or exaggerated. They may believe that the victim is using the legal system to punish them unfairly, or that they are being falsely accused. In some cases, the accused may feel that the victim is trying to gain an unfair advantage in a divorce or child custody proceeding.
Protective orders can have serious consequences for your life. A protective order may restrict your ability to see your children or enter your own home, and it may also impact your ability to work or travel. This can be particularly challenging for individuals who feel that they have been unfairly accused, as they may feel that their life is being unfairly disrupted by the legal process.
If you have had a protective order taken out against you, it is important to get the help of an experienced family law attorney to defend against a false or exaggerated order, to help you get contact restored with your children, to get conditions lifted that interfere with your job and employment, and to prepare for next steps such as a divorce or custody proceeding. Christopher Eggert at Eggert Law Firm has this experience and can help you!
Schedule an In-Depth Consultation
We’re here for you, and would love to find a time to get together for a one-hour, in-depth initial consultation to outline your needs, define how we can help, and give you peace of mind. Fee of $125 is collected at the time of the meeting.