Obtaining a Protective Order in Tulsa County

How To Obtain a Protective  Order in Tulsa

A Protective Order in Tulsa Oklahoma is a quasi-criminal proceeding that has been established on the state’s Protection from Domestic Abuse Act.  The intent of a Protective Order in Tulsa is to serve as a deterrent from continued behavior of domestic abuse, stalking, harassment and rape.  While there is nothing stopping the defendant (the individual whom the Protective Order is issued against), from continuing this behavior, once they have been served with the Protective Order any violation against it becomes a criminal matter.

Protective Orders are issued in two stages.  First is the Emergency Protective Order stage, where the plaintiff (the individual asking for protection) petition’s the court for the Protective Order.  They will need to complete the petition and associated paperwork which sets out the incident that involved abuse, harassment or stalking.  If the individuals are not in a domestic relationship, the plaintiff will need to first file a police report regarding the incident. Once the Emergency Protective Order has been issued, the sheriff’s department will serve the defendant with a hearing set two weeks out in regards to why the Protective Order should continue.

While an attorney is not necessary for the initial petition, one is recommended for the hearing stage where evidence and testimony can be presented.  If after the hearing the Protective Order is granted, it will be on the defendant’s record on a permanent basis.  The court may, through a Protective Order, issue proper on temporary basis, restrict the defendant’s access to firearms or have them surrendered to law enforcement and may award fines, costs and fees against the defendant.

Minor children can also be added to a Protective Order, but only temporary.  Protective Order law is not there to provide a modification of custody or visitation.  Should children be involved, the court will transfer the Protective Order case to an underlying family matter or require the plaintiff to initiate a family law proceeding.  Judges will often require that an emergency custody proceeding be filed within a certain amount of time or the protective order in regards to the minor children will be dismissed.

Free Consultation: Protective Order in Tulsa Lawyers

If you need to obtain a protective order against another or if a protective order has been issued against you we can help. Call us at 918-743-2233 and get a free consultation.

Obtaining a Protective Order in Tulsa County

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Oklahoma Garnishments in Bankruptcy

Stopping Oklahoma Garnishments in Bankruptcy

Wage garnishment can occur automatically when certain government agencies like the IRS or other creditors think that you owe them money or it can occur as a result of a court order that one of your creditors have secured against you. A wage garnishment summons is then issued to your employer. Either way, third parties can take up to 25% of your pay each and every pay period for a period of time that they determine will be necessary for you to pay off the debt you have to them. Justifications for bankruptcy like misleading sales pitches and usurious interest rates aside, if you are subject to Oklahoma wage garnishment your employer must comply with the government agency or court order and you’ll be receiving a smaller pay check from which you may have already been struggling to make ends meet, feed your family and to put a roof over your head.

There is however a remedy available to you to put a stop to an Oklahoma garnishments in bankruptcy. Basically you must make one of two choices. You can pay off your debt to the company government agency to whom you owe money, or you can file for Chapter 7 or chapter 13 bankruptcy. Assuming that you are unable to pay the debt, filing for bankruptcy will create an automatic “stay” and your paycheck will be immediately restored to it’s full value.

In addition to restoring your paycheck back to normal, filing for bankruptcy can afford you the additional protections of putting an immediate end to harassing phone calls from creditors as well as stopping any debt-related law suits that have been filed against you. If you are the subject of wage garnishment, debt law suits, or collection harassment, call us today and schedule an appointment with one of our experienced Oklahoma bankruptcy attorneys to see which type of bankruptcy best suits your individual financial situation. There is no cost or obligation.

Get a Free Consultation Regarding Oklahoma Garnishments in Bankruptcy

If your paycheck is being garnished call our attorneys regarding stopping Oklahoma garnishments in bankruptcy. You can stop the garnishments and all other collection activity while writing off the debt by filing bankruptcy. Call us today at 918-743-2233.

Oklahoma Garnishments in Bankruptcy

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Expunging Protective Orders Tulsa

Expunging Protective Orders Tulsa Oklahoma Attorneys

Oklahoma law allows individuals to seek protection from undue stalking, harassment or abuse through emergency protective orders and if necessary and upon a showing of good cause, a permanent order of protection. While emergency and final protective orders will not actually prevent an individual from choosing to pursue their stalking, harassment or abuse, these orders serve as a deterrent from further behavior, because future violations are prosecuted as crimes.

The relative ease in which one can obtain an emergency protective order is a double edged sword. One because it places some form of protection upon the victim immediately. On the other hand it allows for individuals not necessarily seeking such protection or needing it to get an emergency protection order as a bargaining tool in a divorce or paternity proceeding. While Oklahoma protective order strictly forbids such orders from acting as a modification of child visitation and custody, they are often used as a form of temporary relief to do just that.

More often than not emergency protective associated with pending divorced or paternity cases end up being dismissed. Unfortunately, once the dust settles, the alleged “perpetrator” is left with an easily searchable record that will reveal the allegations and the granting of at least an emergency protective order. This can be very detrimental for the individual because it can prevent them from getting a job to potentially obtaining a guardianship or custody of other children.

Fortunately, Oklahoma law also provides for these orders to be expunged, effectively removing them from public record. The law provides 4 situations where an Oklahoma protective order can be expunged:

1. the order terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;


2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;


3. The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or


4. The plaintiff or defendant is deceased.

In order to pursue the expungement, a petition for expungement will need to be filed with the court and then the individual that initially pursued the protective order must be given proper notice of the filing, along with the county district attorney’s office as well as any other individual who would be relevant to the proceeding. From there, if there is not an agreement for the expungement, then the court will weigh the evidence and decide if the harm to the privacy of the person seeking the expungement or dangers of unwarranted adverse consequences outweighs the public and safety interests of the parties to the protective order in retaining the record.

Free Consultation – Expunging Protective Orders Tulsa

A protective order, either granted or dismissed, is a part of your background and shows up on employment and credit searches. Luckily our attorneys are skilled at Expunging protective orders Tulsa. Call today and lets work towards sealing this record as if it was never filed in the first place. Call Kania Law Office at 9180-743-2233

Expunging Protective Orders Tulsa

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Oklahoma Lawyers Immigration Application Process

President Obama Overhauls the Broken Immigration Application Process

As part of his commitment to immigration reform, President Obama announced sweeping changes to the immigration application process on November 20, 2014. These changes are not statutes but rather executive actions and have thus garnered a lot of criticism by the Republican-led Congress.

As part of his address regarding immigration application process and reform from the White House, President Obama promised to tighten enforcement of the borders, focus resources on deporting immigrants convicted of violent crimes and felonies, and permitting temporary residency for immigrants who pass criminal background checks and pay taxes. The crux of the reform program lies in five separate initiatives:

1.  Creating the Deferred Action for Parents of Americans and Lawful Permanent Residents program


2. Expanding eligibility for the Deferred Action for Childhood Arrivals program


3. Developing publicity programs for the citizenship eligibility and application process, as well as increasing the number of services for lawful permanent residents


4. Fixing issues with various visa programs in order to enable more immigrants to lawfully work


5. Expanding waivers to include spouses, sons, and daughters

As part of the reform of the immigration application process and Under the Deferred Action for Parents program, USCIS will now permit alien parents of both U.S. citizens and green card holders to remain in the U.S. for three years pending a final decision on their immigration status. This is known as deferred action because it defers the immigration decision and allows the alien to remain in the U.S. pending that decision. In addition, under the program, the alien will be permitted to legally work in the U.S. Eligibility for this program includes: (1) the parent must pass a criminal background check and (2) the parent must have lived in the U.S. continuously for the past five years. This program targets undocumented immigrants and seeks to find a way to document them by removing the fear of immediate deportation. The parent must not be an enforcement priority for removal. Not all applications under the program will be approved, though President Obama did not state what percentage of applicants should expect to be approved. USCIS has ultimate discretion and will decide on a case-by-case basis.

Under the Deferred Action for Childhood Arrivals program, if you are an alien who (1) moved to the U.S. prior to January 1, 2010 (2) when you were a child under the age of 16 and (3) have remained in the U.S. ever since, you can be eligible to legally work in the U.S. for 2-3 years. This program is also aimed at undocumented immigrants. Enrollment in this program can be renewed after expiration.

USCIS will also be providing more educational materials and programs designed to assist lawful permanent residents with the naturalization process. In addition, applicants can now use credit cards to pay for fees and may be eligible for fee waivers.

USCIS will be working with the Department of State to streamline the visa process for immigrants who wish to work in the U.S. The old system was incredibly slow, leading to lengthy delays and preventing workers from beginning their jobs. The new system will partner with the Department of State to modernize the application and approval process in order to more easily review eligibility and issue visas. This will assist more immigrants with entering the U.S. to work when sponsored by an employer. According to President Obama, this will improve the economy and create more jobs. In addition, the President hopes to encourage more inventors, entrepreneurs, and researchers to take up residence in the U.S.

Finally, the executive order expands provisional waiver eligibility. Prior to the executive order, only minor children and spouses of U.S. citizens could receive provisional waivers. However, now, children and spouses of lawful permanent residents can also receive a waiver. These family members must have resided in the U.S. for at least 180 days undocumented to be eligible to apply.

Free Consultation; Call For Information;

The immigration application process is being reformed with more opportunities for those who are seeking legal immigration status. This enhanced immigration application process is helping countless families and individuals to live in the United States on get on the path to legalization in many cases. Call Knnia Law Office today at 918-743-2233

Oklahoma Lawyers Immigration Application Process

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Tulsa Green Card Application Attorney

Tulsa Green Card Application Process

A green card is a resident visa named after the color of the identification card issued to qualified aliens. The green card allows foreign citizens to live and work in the U.S. lawfully. The official name for the green card is Form I-551. If you are not eligible for U.S. citizenship but you wish to permanently reside in the U.S., you can apply for a green card under one of three conditions:

• An immediate family member such as parent or child can petition for a green card on your behalf and sponsor you


• A spouse who is a U.S. citizen can petition for a green card on your behalf and sponsor you


• An employer can petition for a green card on your behalf and sponsor you if and only if you meet very specific criteria regarding sought-after and unique skills, as well as other eligibility criteria

The procedure of obtaining a green card begins with entering the U.S. as a legal immigrant. Then you must complete Form I-551. All applicants must have a U.S. citizen sponsor, such as an employer or spouse. If you are in another country, you can file your petition with the U.S. embassy of that country. If you are in the U.S., you can file your petition with United States Citizenship and Immigration services (‘USCIS’).

In addition to requiring a sponsor, USCIS may also require personal letters from individuals who know you well who can attest that you are not obtaining residency status for a fraudulent purpose and that you are of good moral character. These letters must be written by U.S. citizens. In addition, you may be required to provide information about where you will be living and with whom, your job situation, and your background. USCIS may also require that you take and pass a civics exam on American history and government.

If USCIS permits green card status, your green card will be conditional and will expire after two years. This is designed to weed out individuals who are using fraudulent methods to become legal residents. A common scam is known as the ‘green card marriage.’ If you marry someone solely to get a green card so that you can legally live and work in the U.S., you are violating U.S. immigration laws. Generally, these types of couples do not last very long, and USCIS hopes to weed them out by requiring them to stay together for at least 2 years before granting the alien with permanent green card status.

If you have a conditional visa, you will need to petition to remove the conditions before the 2-year expiration date. You must file this petition at least 90 days before you card expires to make time for the lengthy approval process. Form I-751 is the form associated with removal of conditions. You may again be requested to submit letters from U.S. citizens who know you well and can attest to your commitment to the U.S. and your spouse. You will also be required to validate your marriage, meaning you must prove that you did not get married for fraudulent reasons. You can do this by providing USCIS with evidence, such as:

• Witness letters


• Property deeds containing both names


• Joint tax returns


• Joint bank accounts


• Honeymoon photos

If the conditions are removed, you will be given a permanent resident card. This card will need to be renewed every 10 years. To renew a permanent resident card, simply submit Form I-90. If you receive a conditional green card due to a marriage and then divorce prior to requesting removal of your conditions, you may be removed from the country when your green card expires. However, in some circumstances, USCIS will permit you to petition without sponsorship by your ex-spouse. These circumstances usually involve extreme situations such as death of a spouse or domestic violence that necessitated divorce.

Free Consultation With Tulsa Green Card Attorney

If you need information regarding immigration call our Tulsa green card attorney today. The immigration process is complex and mistakes can set you back years. There is no reason to go it alone. Our attorneys have helped people form all over the world with visas, green cards and most other immigration issues. Call 918-743-2233 and talk to a Tulsa Green Card attorney

Tulsa Green Card Application Attorney

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Tulsa Oklahoma Double Jeopardy Lawyers

Does My Case Qualify for Oklahoma  Double Jeopardy Dismissal?

In the popular 1999 crime thriller Double Jeopardy starring Tommy Lee Jones and Ashley Judd, Ashley Judd and her husband are a wealthy, successful couple with a son. In order to avoid debts and looming bankruptcy, her husband purchases a life insurance policy with a very hefty payout and names their son as the beneficiary. Her husband then fakes his own death and frames Ashley Judd for murder. Ashley Judd is convicted of murder and sentenced to prison. When she is released, she finds out that her husband is alive, has the son, and used his fake death to collect the life insurance proceeds through their son. Ashley Judd then resolves to hunt down her husband, reclaim her son, and kill her husband. Because Ashley Judd was already convicted of her husband’s murder, she believes that the doctrine of double jeopardy will allow her to kill her husband without consequences because she cannot be prosecuted for the same crime twice.

Is this correct? And what exactly is the doctrine of Oklahoma double jeopardy?

The double jeopardy doctrine is found in the Fifth Amendment of the U.S. Constitution. It states that no person “shall . . . be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy doctrine prevents:

1. Prosecution for the same crime after an acquittal


2. Prosecution for the same crime after a conviction


3. Multiple punishments for the same crime

Oklahoma Double jeopardy only applies to criminal proceedings prosecuted by the same prosecuting authority. Thus you can be prosecuted for the same crime by Oklahoma state police and the federal Department of Justice.

Jeopardy must attach for your rights to be protected. Oklahoma double Jeopardy attaches in a bench trial before a judge when the judge begins to hear evidence and in a jury trial when the jury is sworn in. Thus if you show up on the day of trial and the Oklahoma prosecutor’s key witness does not appear to testify against you, your case will likely be dismissed for want of prosecution. However, the prosecutor may rebring the charges against you and attempt to prosecute you a second time without violating the double jeopardy clause.

If Ashley Judd was charged with murdering her husband, then acquitted, the prosecutor could not rebring the case and try the case again in hopes of attaining a conviction. The acquittal is final. However, the prosecutor may bring another case with different charges if these charges do not constitute the “same offense.” In evaluating whether the defendant is being retried for the “same offense,” Okalahoma courts utilize the Blockburger test. Offenses are separate under the Blockburger test when each offense includes at least one element that is not included in the other. Many offenses have lesser included offenses. For instance, felony murder is the killing of another during the commission of a felony such as robbery. If a defendant is convicted of felony murder, he cannot be subsequently tried for robbery because felony murder contains all elements of robbery.

However, under the Blockburger test, a second trial may be permitted regarding crimes that happened during the same incident as long as they are not the same offense. For instance, if a defendant was screaming on a residential street in the middle of the night, he could be arrested for disturbing the peace under Oklahoma Statute Title 21, Section 1362. The officers will conduct a search incident to arrest, and if they find cocaine in the defendant’s pockets, the defendant can also be charged with possession of cocaine. The prosecutor may decide to have two separate cases and two separate trials for these two charges even though they both stem from the same incident.

So would Ashley Judd be legally allowed to kill her husband a year later if she has already been convicted of his murder? Ashley Judd would likely not be permitted to do this under the Blockburger test. The circumstances surrounding the faked death would be entirely different from the circumstances surrounding the premeditated murder of her husband. While the offense charged (first degree murder) and victim (her husband) would be the same, the facts surrounding the murder would be different. Thus double jeopardy would not protect Ashley Judd. Rather, she should have sought to overturn her conviction using evidence that her husband framed her, then encouraged the government to prosecute her husband.

Free Consultation With a Tulsa Criminal Lawyer

If you have any questions about Oklahoma double jeopardy  dismissals or other Oklahoma felony or misdemeanor criminal charges call for a free consultation.

Tulsa Oklahoma Double Jeopardy Lawyers

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Tulsa Bankruptcy Attorneys Discuss Debts Forgiven in Bankruptcy

Debts Forgiven in Bankruptcy

While many debts forgiven in bankruptcy are discharged or restructured when you file for Oklahoma  bankruptcy, there are some that you will have to continue to pay in full. This is in addition to any secured debts, debts where you have pledged the asset as security such as a house or a car if you want to keep the asset.

The courts look sternly on child support, both in arrears and going forward and are not debts forgiven in bankruptcy. Family support is looked upon as a top priority and no matter how favorably other debts are settled, you will have to get current and then continue to pay your agreed-upon child support payments.

Another debt that you must pay in full is a debt you’re paying to settle a personal injury or death case caused by your driving while intoxicated conviction. You can not get out of having to pay the victims the amount of any settlement or judgement nor any financing you’ve taken on to pay them.

Another very common form of debt that is not dischargeable in bankruptcy is your student loan. In 2005, banks started to make government guaranteed student loans.  The loan could be made regardless of a student’s credit-worthiness and the government would back them up if the borrower could not repay the loan. In return, student loans would no longer qualify as a dischargeable debt, and would not qualify for bankruptcy protection. You’ll have to pay your student loan in full.

These are only three of many other debts that are non-dischargeable as a result of bankruptcy proceedings. Any debts you incurred in anticipation of filing for bankruptcy,  i.e. within 60 days of filing, for luxury goods and services, or any loans you take out within that time period will not be exempt.

The bottom line is that bankruptcy laws in Oklahoma are designed to help you to manage your debts if you have gotten in over your head in consumer-oriented or business financing. This means that many debts are forgiven in bankruptcy but not all debts. For additional information about bankruptcy and how to stop creditor calls contact Charles Kania at Kania Law and get a free bankruptcy consultation.

Tulsa Bankruptcy Attorneys Discuss Debts Forgiven in Bankruptcy

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