Considerations for Filing a Protective Order Wisely
So, your wife or girlfriend has gotten an emergency protective order against you, and you feel like you need one against her. Should you go file one, or will that just look retaliatory? Hi, I’m Tulsa protective order defense attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for about 25 years.
Factors to Consider
I get this question a lot. Clients will come to me after being served with an emergency protective order and say, “Hey, I want to file one against her—but won’t that look retaliatory?” Often, they’ve heard from friends or read online that it’s a bad idea because it will just make them look bad. But it’s not that clear cut—it depends on the facts.
If she filed first and you can show that you’re actually the victim, and your evidence will prove that out, then yes, you should file one and not worry about it appearing retaliatory. In your petition, you should disclose that she has already filed against you, list the case number, and explain that her allegations are false and will be disproven at trial, while presenting the real facts.
Proceed with Caution
That said, you need to be careful. If your filing is frivolous, it will absolutely hurt you in court. The cases will be combined into one trial, and if you can’t prove your claims, the court could find you filed a baseless action. That could mean paying her attorney’s fees, and in extreme cases, you could even face charges for filing false statements.
So, don’t rush to file just to “fight back.” Make sure the facts support your claim. Talk with an experienced attorney who can evaluate your situation and guide you on whether filing is the right move.
Call for a Consultation
Give Tulsa Dads.Law attorney Clint Hastings a call at 918-962-0900 if you need help with this issue or any other family law matter. We’ll be glad to assist.
