When getting a protective order in Wagoner County, it can often feel very overwhelming. In Oklahoma, protective orders are legal instruments there to offer a safety net for those that are facing threats, harassment, domestic violence, or stalking. If you are a victim of any of these circumstances, understanding the grounds for obtaining such an order could benefit you greatly. By recognizing the aspects that go into a protective order, you can bring a sense of comfort back into your life again.

Grounds for Obtaining a Protective Order

A protective order, which also refers to a restraining order, is an injunction the court issues to protect individuals from immediate or threats. Specific instances that could require the need for a protective order in Wagoner County include, but aren’t limited to the following:

• Domestic Abuse: This means physical harm, forceful restraint, or a credible threat of immediate harm by a family member, intimate partner, or household member. Often domestic violence is the number one reason a person will seek a protective order.
• Stalking: This refers to any repetition of unwanted attention, surveillance that causes fear or concern for one’s safety, and showing up places constantly. Stalking can also include GPS tracking that is on your devices or vehicle.
• Harassment: Any ongoing intimidation, threats, or coercive behavior that causes emotional distress or fear for personal safety. Social media messages from the perpetrator would also fall under this category.

Additionally, victims seeking protection must file a petition with the Wagoner County court. You must detail the nature of the threats as well as the relationship you have with the respondent (the person from whom they seek protection).

How to File a Protective Order

To obtain a protective order in Wagoner County, you must first file a petition at the local courthouse. This will be located at the Wagoner County Clerk’s office. In the petition, you should detail the nature of the threat, abuse, or harassment you are experiencing. It’s also important to clearly identify the person from whom you are seeking protection. Further, it’s essential to include specific instances of behavior that has caused you fear the person.

Once you file the petition, a Wagoner County judge will review it. If the situation warrants one, the court will issue a temporary ex parte order immediately. The ex parte order will provide you with instant protection as it states in the form. After that, the court will schedule a hearing, usually within 14 days. This is where both you and the respondent will present your stances on the matter. Based on the evidence and testimonies, the judge will decide whether to grant a final protective order, which can last up to five years. It’s advisable to seek legal advice or assistance from a Wagoner County attorney to guide you through this process. This can help ensure your protection is effective and secure.

Consequences of Filing Protective Orders

Filing for a protective order can carry various but significant legal weight. This means it can have immediate and long-lasting effects on all parties involved. The following are some, but not all examples:

• For the Petitioner: Once the court grants a protective order, it offers legal protection in a lot of aspects, but has drawbacks. This may include restrictions on temporary custody arrangements for any minor children, and specific terms regarding the use of shared residences or property. On the surface this seems like what you might want. However, it’s important to note that if you have children with the respondent, the proceedings will have some sort of impact on their daily lives. Pursuant to Okla. Stat. tit. 22 § 60.4(I)(1), a parent cannot use a protective order to facilitate a custody arrangement. This means that if you put the children on the order, then you must also file for emergency custody. This will cost you a lot more in the end, so it’s imperative for you to be sure this is the route you need to take.

• For the Respondent: Being subject to a protective order can have serious and possibly permanent implications. This can include limitations on someone’s personal freedom, potential impacts on employment, and the possibility of criminal charges if the person violates the order. This could irreparably harm a person’s chances at success in life. You should always consider this before filing a protective order against someone. You should never file a protective order on a whim or just because you’re angry. If you don’t have clear and concise case against that person, you may seek other means to distance yourself from the individual.

The Importance of Legitimacy

While protective orders are often vital tools for ensuring the safety of individuals who are at risk, it’s crucial to approach the filing process with honesty and integrity. Filing a protective order frivolously or without a legitimate basis can have serious consequences:

• Legal Repercussions: Filing a false or misleading petition can lead to legal sanctions against the petitioner, including fines and potential criminal charges for perjury or filing a false report.
• Impact on Future Proceedings: Misuse of the protective order system can undermine a petitioner’s credibility in future legal matters and may impact the court’s willingness to grant protective orders in genuine cases of need.
• Harm to Reputation: If you’re someone people regard as a person who would try to file a protective order without proper cause, they may be less likely to trust you. It’s important to have documentable and identifiable proof of the behavior you state in your petition for a protective order.

For more important information check out our Wagoner County Law Blog.

Contact a Wagoner County Protective Order Attorney

In Wagoner County, as in most of Oklahoma, the protective order system is a critical component of the legal framework. It is here to ensure the safety and well-being of those that have been made vulnerable. Individuals who hope to file for a protective order should carefully assess their situation. This is why you should seek expert legal advice to understand your rights and responsibilities. Set yourself up for success with filing your protective order by contacting one of our Wagoner County Attorneys. We have the tools and experience you need to make your life feel normal again. For a free consultation you can contact us at 918-283-7394. If you have a quick legal question, feel free to Ask A Lawyer Here.