When fighting a protective order in Wagoner County, there are many important things to consider. In Oklahoma, protective orders are legal instruments issued by the court. Most of the time these are there to prevent acts of domestic violence, stalking, harassment, or sexual assault. While access to these orders is crucial for the safety and protection of individuals facing genuine threats, there can be instances where such orders are sought for nefarious reasons. In such cases, it’s crucial to understand how to effectively defend yourself against a protective false order to uphold your rights as well as reputation.

Understanding a Protective Order

Protective orders, also known as restraining orders, are here to prevent further harm to people who may be at risk of further violence, stalking, or harassment. These orders can impose various restrictions on the respondent (the person against whom the order is sought). This can include restricting contact with the petitioner (the person seeking the order), maintaining a certain distance from the petitioner’s home or workplace, and even temporary custody arrangements concerning children involved.

Luckily, when it comes to children being on protective orders, the Oklahoma court system requires a person who seeks a protective order for their children to file for emergency custody before the first protective order hearing. Pursuant to Okla. Stat. tit. 22 § 60.4(I)(1), a parent cannot use a protective order to interfere with the other parent’s legal rights to their children.

The Impact of Protective Orders

Being served with a protective order can have many detrimental legal, personal, and professional implications. Legally speaking, it can temporarily impact your custody arrangement, restrict firearm ownership, and could lead to criminal charges if violated. On a personal level, it can negatively impact your reputation, relationships, and emotional well-being. Finally, it might affect your chances of employment. This is especially true for certain professions that may require you to have special security clearances or licenses. While these are just some things that can happen, none of these things are what you want to face alone. It’s highly advisable to seek out a legal counsel that can guide you through the process and help ease the burden of some of these issues.

Fighting a Protective Order

There are many ways you can defend yourself in these unfortunate circumstances, but below are the most common ways:

1. Understand the Allegations:

A first step in defending against a protective order is for you to thoroughly understand the allegations made against you. You need to review the specifics of the accusations, which will include dates, locations, and the nature of your purported conduct.

2. Gather Evidence:

Another step is collecting any evidence you can use to refute the allegations. You can also try to demonstrate the petitioner’s ulterior motives for filing the order. This could include unredacted text messages, emails, photographs, videos, and witness statements. It can also be beneficial to document any interactions you had with the petitioner that could prove your conduct did not constitute a threat or harm.

3. Seek Legal Representation:

Due to the complexities and potential consequences of protective order proceedings, it’s in your best interest to seek legal representation. An attorney with protective order experience in Wagoner County is your best advocate during this process. They will be familiar with local courts and laws can provide valuable guidance in order to represent you in hearings.

4. Prepare for the Hearing:

In Oklahoma, the court sets a hearing not long after it issues the temporary protective order. This hearing is the most critical opportunity for you to present your defense. Preparation will include organization of the evidence, arranging for any witnesses to testify on your behalf, and hashing out your testimony with your attorney. However, if you fail to appear this signifies a default, and almost always automatically grants the order in favor of the petitioner.

5. Adhere to Legal Protocols and Court Etiquette:

It’s essential to comply with all court orders and deadlines. It’s also imperative to conduct yourself appropriately in court, as this will reflect on your character. This includes being respectful to all parties, even the petitioner, as well as following the judge’s instructions and rulings. Even if you don’t like the outcome, the best course is to paint yourself as an upstanding citizen despite your frustrations.

6. Consider Negotiating Agreements:

In some instances, it may be possible to negotiate agreements. This can happen outside of court with both parties’ respective attorneys who can address the petitioner’s concerns while avoiding the full impact of a protective order. These agreements, as facilitated by your attorney, can sometimes resolve the dispute in a manner that’s acceptable to both parties. This can be the best case scenario in some instances.

For more information see our Wagoner Attorney Law Blog.

Contact a Wagoner County Protective Order Attorney

Fighting a protective order can be frustrating. Being the subject of a protective order in Wagoner County can be a haunting and distressing experience to go through. This is particularly the case if the allegations are entirely unfounded. However, understanding the legal framework, preparing yourself a robust defense, and seeking competent legal counsel can significantly improve the chances of a favorable outcome. Remember, every single person has the right to defend themselves in court. By taking the right steps, you can help ensure that your side of the story is heard and considered. Our team of Wagoner County Attorneys can use our years of experience to set you up for the best results possible. For a free consultation, call us at (918) 283-7394, or if you have a legal question try out our Ask A Lawyer page.