What is a protective order?
A protective order, also known as a restraining order, can be used for a variety of reasons in various circumstances. People who request a protective order usually do so because they claim to be in some sort of danger from the person they want to serve it to.
However, protective orders can be abused when someone wants to get the upper hand in a divorce, sway a child custody decision, or simply embarrass the opposing party.
If you’ve been served with a temporary protective order, you need to know your rights. An Oklahoma City attorney can help you prepare for a hearing where you have a chance to defend yourself and get the order lifted.
Since the purpose of a protective order is to keep the petitioner safe from the defendant, it forbids any contact between the two. Contact includes physical proximity, phone calls, texts, emails, letters, and direct messages on social media.
Protective orders are usually issued in a hearing that the defendant isn’t at. An emergency protective order can be requested in an ex parte hearing where just the petitioner is present and accuses the defendant of stalking, domestic violence, harassment, or rape.
If someone has been arrested for alleged violence or harassment, the court may issue a temporary protective order against them on behalf of the person they allegedly abused.
Protective orders aren’t limited to family law issues. Anyone can request a protective order against a person they’re in a dispute with.
What To Do If You’re Served with One
Many people are surprised when the police knock on their door to serve them with a temporary protective order. No one is required to tell you ahead of time that someone is trying to file a protective order against you. It could be completely out of the blue.
Just because it surprises you doesn’t mean you have no recourse. If you’ve been served with a temporary or emergency protective order, you need to retain an attorney before the hearing. A skilled protective order defense attorney in Oklahoma City can help you prepare for the hearing, so you have the best chance at getting the order lifted.
Once you are served, carefully review the protective order, and be sure to follow it to a T, no matter what. An attorney can also help you understand the parameters of the order.
Show Cause Hearings and Permanent Protective Orders
It’s imperative that you attend the hearing. Your absence could lead to a permanent protective order that lasts five years. A permanent protective order can affect your professional licenses, your right to travel, your right to associate with certain people, your right to own guns for hunting, and your future employment opportunities.
A single violation of a protective order can land you with a misdemeanor charge with fines and the possibility of jail time. Subsequent violations can get you a felony charge with steeper fines and longer jail time. If this happens, contact an Oklahoma City defense attorney.
A show cause hearing gives you a chance to prove that the protective order against you should be lifted. You’ll need an experienced attorney to argue on your behalf. You should assume that the person who requested the protective order will try just as hard to keep it in place and even make it permanent. That’s why you need an attorney who knows how to use the facts to your advantage.
Whether you get the temporary protective order lifted or manage to avoid a permanent order, there’s more good news. Once a temporary protective order runs out, it can be quickly expunged. Assuming you don’t violate the order, it’ll be like it never happened.
Consultation with an Oklahoma City Protective Order Defense Attorney
If you’ve been served with a temporary or emergency protective order, you need to understand what that means and how to move forward. It’s important to comply with the order and prepare for the hearing. An attorney from Wirth Law Office – Oklahoma City can help you craft an argument for getting the order lifted. They can also help you get it expunged. For a consultation, call (405) 888-5400 or fill out the form at the top of the page.
