Oklahoma Protective Order Defense Attorney
Have you been served with a protective order? Contact our Oklahoma protective order defense attorney for a consultation. Our protective order defense attorney can review your case and help you develop the best defense possible to rebut any claims of domestic violence. Do not ignore the court summons for the protective order hearing. If you do not attend the hearing, a default judgment will be entered against you granting the order. The worst thing you can do is violate a protective order you failed to contest. Contact us for legal assistance with protective orders in Tulsa, Oklahoma.
What is a Protective Order?
Under Oklahoma State law, a protective order can be issued against a person when a petitioner demonstrates a reasonable fear of physical harm. A protective order, also known as a restraining order, provides for no physical contact between the petitioner and alleged abuser. It requires the restrained subject to maintain a certain distance from the petitioner and forbids contacting the petitioner through phone calls, texting, or emails.
There are two types of protective orders that may be issued: temporary and permanent. A temporary restraining order is filed in District Court and is usually filed without the alleged abuser’s knowledge. A temporary protection order is typically filed ex parte and protects the petitioner for a 20 day period, usually until the hearing is heard for a permanent order. A permanent protection order hearing is held to let the alleged abuser protest any claims the petitioner asserts. At the hearing the petitioner will have to prove that the alleged abuser committed acts of domestic abuse against him/her. If granted, the order can last for a period of 3 years.
Some victims allege domestic abuse is occurring in order to obtain an order to get an upper hand in a divorce proceeding. It is imperative that you contact an attorney if you are served with a protective order. A defense attorney can rebut the alleged victim’s claims. If an order is granted, and a violation occurs, you can face criminal penalties, fines, and possibly serve a jail sentence.
Legal Consequences of Violating Protect Orders
If a protective order is violated, the violating party can be arrested and charged accordingly. Unfortunately, some people abuse the applicability of a protection order. For example, it has been known for spouses to falsely claim domestic violence. If you violate a civil protective order, you will be subject to contempt of court. You will be charged with a Class 2 Misdemeanor and if convicted, serve up to 3 to 12 months in jail and pay a fine of $250 – $1,000. If you violate a criminal protective order, you can be charged with a Class 1 Misdemeanor, subjected to serving 6 – 24 months in jail, and pay a possible fine of $500 to $5,000.
Possible Defenses
A protective order defense attorney can call witnesses to testify on your behalf to rebut the petitioner’s claims. Testimony can be used to discredit the petitioner’s claim that he/she was in fear of physical abuse, or experienced domestic abuse by the alleged abuser. Depending on the nature of the case, an experienced protective order defense attorney may choose to file a reciprocating order against the petitioner to prevent abuse. This protects the alleged abuser from any possible entrapment measures the petitioner may later make.
Hire Our Oklahoma Protective Order Defense Attorney
Our protective order defense attorney can help you defend against a protective order filed in Oklahoma. Contact us for a free consultation. We are here to make sure a protective order is not granted against you. Violating a protective order can subject you to criminal liability and jeopardize your career and child custody prospects.
Protective Order Defense Attorney
http://www.kanialaw.com/tulsa-criminal-attorneys/protective-order-defense-attorney.htm
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