Defend Your Rights Against a Frivolous Protective Order
It happens suddenly. You answer a knock on the door to find a stern sheriff’s deputy who hands you a piece of paper. The first thing a man learns about a protective court order often is no more than the words on that paper. Many men know they did nothing to warrant such an action. Yet they often do not know what to do.
If you have been served with a protective order, you will need help. You have only a limited amount of time to respond, or the order can be in effect for as long as five years. A Tulsa protective order defense attorney can make all the difference in the world.
What Is A Tulsa Protective Order?
A protective order court also called a protective order or a restraining order is meant to protect a victim from harassment and violence. They are often issued in domestic situations. These situations can involve boyfriends and girlfriends, parents and children, spouses, and even grandparents and grandchildren.
Protective orders are often issued in contentious divorce cases where custody and visitation are at issue. Unfortunately, sometimes angry spouses seek a protective order to gain leverage in a divorce case involving their children. Often, the first time a spouse understands that a protective order has been issued to constrain their conduct is when they are first served with the order.
These orders can have lasting consequences. That is why it is crucial to get legal help quickly.
How A Protective Order Is Issued
Protective orders can be categorized by situation and time. They are basically a civil remedy that can have criminal law and family law consequences.
A person seeking a protective order often just fills out a form providing some details about their situation. That form is then submitted to a judge, who determines whether there is an emergency. If the judge believes that an emergency exists, they will issue the protective order. An emergency protective order is first issued for a short period of time.
The emergency protective order is then served upon the person whose actions are being sought to be constrained. Usually, this is the father.
A father who has been served with an emergency protective order must contact a Tulsa.dads.law attorney as soon as possible. A protective order, whether issued on an emergency basis or a more permanent basis, will have direct and long-lasting effects upon child custody and visitation. Unrefuted evidence in a protective order hearing can be used in custody matters.
General Protective Order Facts
A protective order prohibits all kinds of contact, direct and indirect. Direct contact includes things such as telephone calls, face-to-face meetings, and coming to the residence or workplace of the victim. Indirect contact can include contact made by friends on the restrained person’s behalf.
A hearing must be held if the protective order is to be extended. Once extended, it can be months before another hearing will be held on the matter. The next hearing will be regarding whether to make the protective order permanent.
Once permanent, a protective order can stay in place for years. Even a temporary protective order can impact custody and visitation orders. Its presence can be used to deny custody to a father or anything except supervised visitation.
Protective Order Defense In A Tulsa Divorce Case
Here is how a protective order can play out in a divorce case. A father, locked in a bitter divorce case, is served with a protective order alleging threats of violence against his spouse.
The father knows he has made no such threats. In fact, the father has consistently tried to placate his spouse, whom he feels should not be granted sole custody of their two children.
However, the family court judge looks at him differently now. Therefore, the father fears he will lose custody of his children.
In fact, if his spouse can prove by a preponderance of the evidence that he committed acts of domestic abuse, harassing behavior, or stalking, the judge will presume that he should be denied custody and that visitation with his children must be supervised.
Hence, you need the help of an experienced Tulsa protective order defense attorney to get your case back on track.
How A Tulsa Protective Order Defense Attorney Can Help
A temporary or emergency order is issued for a short period of time, and often without input from the person whose behavior is being restrained. A noticed hearing is required for a more permanent order.
It is critical to attend that hearing and advisable to retain counsel to help defend you at that hearing. An experienced Tulsa protective order defense attorney knows what evidence the judge will find convincing and knows how to attack weaker evidence. Refuting evidence and attacking the evidence brought by an angry spouse is a critical step to protecting your rights as a father to custody and visitation.
Your protective order defense attorney can help you not only with the hearing on the protective order but also regarding any potential consequences in other legal matters between you and the alleged victim. Get the help you need today.
Free Consultation With A Tulsa Protective Order Defense Attorney
Never try to handle a protective order hearing on your own. The consequences can mean losing custody of your children. Contact a Tulsa divorce attorney for men who knows how to challenge a frivolous protective order. Call Dads.Law at 918-962-0900 or send a message by clicking the consultation button anywhere on this site.