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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