How can a protective order impact your custody case?
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma, and I focus on fathers’ rights. Today, I’m going to answer a question I received from a listener: Can a protective order negatively affect my custody rights with my children? The answer is yes, it absolutely can.
You need to be very careful. Even if you’re married and separated and think, This will blow over or She’ll probably dismiss it, you can’t count on that. She might be preparing to file for divorce. If you’re not married and she’s the mother of your child, and there’s no paternity case on file, she might file one to have the court determine custody and visitation. A protective order can absolutely affect how that turns out.
Understanding the legal implications of a protective order
Depending on what you’ve done or what you’re accused of, even if the allegations are completely false, a judge may apply a rebuttable presumption against you when making custody decisions. That means the burden shifts to you. You would have to prove that you still deserve custody, rather than the other parent having to prove you shouldn’t have it.
In some cases, the allegations might not directly involve your children. Maybe it happened away from them or was a one-time event. Your lawyer can help explain that in court in a way that protects your custody rights. But under Oklahoma law, certain actions can automatically trigger presumptions that hurt your case unless you challenge them effectively.
Take action now for a consultation
I hope this helps. For more information, take a look at our website. Let us know if you have questions, and we might make a video about your question. I’m Tulsa protective order defense attorney Clint Hastings. Thanks for watching. For a low-cost consultation, call 918-962-0900 now.
