Protective Orders in Oklahoma Custody Disputes
Hello, my name is Dillan Savage of Wirth Law Office, and today we are going to discuss whether or not during a divorce you can get a restraining order against your spouse, also known as a protective order, if they are threatening you. The short answer is yes; you can seek a protective order to ensure your safety and that of your children. This process generally starts at the courthouse or through an agency that assists individuals facing abuse or threats.
To initiate the process, you will need the proper paperwork to file a protective order. It is important to note that your attorney might not be involved at this initial stage. If you have a police report documenting harassment, physical abuse, or any aggression towards you, it will be beneficial when filing your request. If such a document is not available, you can submit a personal affidavit that includes your firsthand knowledge of the situation.
Filing for a Protective Order
When filing a personal affidavit, you must ensure that it reflects your direct experiences and not hearsay from others. In cases where children are involved, you may also want to attach any relevant documents from the Department of Human Services (DHS), particularly if there are ongoing investigations or concerns documented by them. This additional documentation can strengthen your case and provide the court with necessary context.
Once you have submitted your application for a protective order along with any supporting documents, the court will review the facts and decide whether to grant an emergency protective order. If the emergency order is granted, you will be provided with immediate protection. Regardless of the initial ruling, there will be a subsequent show-cause hearing to determine the necessity of the protective order and whether it should remain in effect.
What Happens After the Hearing?
Typically, if a protective order is granted, the case will be consolidated with your divorce or paternity lawsuit, allowing your attorney to assist in both matters. The protective order process is an important step in ensuring your safety during custody disputes and can significantly impact the outcome of your case. Your attorney will help argue for your rights and the best interest of your children at this stage.
If you find that this information has helped you or you believe it could help someone else, please visit TheOklahomaAttorney.com for further assistance.
Schedule a Low-Cost Consultation
Feel free to reach out for a low-cost consultation on your situation. Call Wirth Law Office – Oklahoma City today at 405-888-5400 to discuss your options and how we can help you secure the protection you need.
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