A Oklahoma City protective order and protective order elsewhere in Oklahoma is defined and governed by the “Protection from Domestic Abuse Act.”
A protective order is a court order intended to protect victims of domestic violence, harassment, or stalking by banning contact between the claimant and the defendant. Once a protective order is issued and the defendant is served with the protective order, the defendant may not have contact with the person protected by the order until the protective order is lifted.
During regular courthouse hours, a victim of domestic violence, stalking or harassment may fill out a protective order petition at the office of the county court clerk. When the courthouse is closed, a victim may be able to obtain a temporary protective order from a law enforcement agency, such as the county sheriff, that lasts temporarily until the courthouse reopens.
In addition to prohibiting contact with a specific person, a protective order can affect virtually every area of one’s life.
Although the law specifically states that a protective order is not an appropriate tool to determine the issues of parental rights and property division, a protective order may temporarily impact those rights. For example, a protective order can require you to leave your home, and it can prohibit you from seeing your children for a period of time.
Additionally, federal law prohibits anyone subject to a protective order from possessing or transporting firearms and ammunition. Violation of any part of a protective order can result in criminal charges being filed against you.
Furthermore, simply being the subject of an Oklahoma City protective order can cause you to lose your job and your professional license in certain circumstances.
Oklahoma custody law provides that if one parent proves “by a preponderance of the evidence” that the other parent has engaged in domestic abuse, stalking, or harassing behavior, there is a legal presumption that the parent engaging in such conduct should not have custody of, or even unsupervised visitation with, a minor child.
Since Oklahoma City protective orders and elsewhere concern dangerous behavior, a victim protective order (VPO) entered against you may cause you to lose custody of your children, or result in a requirement for you to have a supervisor present when seeing your child.
Protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed.
When the protective order is initially granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is sent for service upon the defendant. Generally, a trial will be held at that set date and time to determine if a protective order is necessary.
A protective order involves very serious allegations that can permanently impact the lives of each party and the lives of their children. A protective order hearing can involve testimony and evidence that impacts future child custody decisions and criminal proceedings.
If you are seeking the protection of a court order, or if you have been served with a notice that someone is asking for a protective order against you, you should seek legal advice as soon as possible. Each Oklahoma family law attorney at Ball Morse Lowe, PLLC has extensive experience dealing with protective order cases.
While we have built a respected reputation over the decades for providing sophisticated counsel in complex oil, gas, and energy law matters, business law cases
Ball Morse Lowe, PLLC, is committed to providing excellent service and sound solutions to our clients in a cost-effective manner. From our law firms in Norman, Oklahoma City, and Denver, our attorneys provide services throughout the Oklahoma City and Denver Metros and in other states, including Texas, North Dakota, Ohio, Colorado, California, Wyoming and New Mexico.
Ball Morse Lowe is a recognized law firm that serves clients across Oklahoma and Denver.
Our lawyers have extensive experience handling a wide range of practice areas, including estate planning, family law, litigation, real estate, oil, gas and energy, business & commercial, and much more.
Our firm is devoted to providing each client with all the resources of a large firm but with the individualized attention of a small practice. Unlike many other firms, we have the ability to conduct investigations, hire expert witnesses, and utilize cutting-edge technology to help you build the strongest case possible.
The lawyers at Ball Morse Lowe can help you seek what's needed in your case. Our team is standing by to assist you, so call us at (405) 701-5355 to get started with a free consultation with our client intake team.
Sarah D. Willey
Caron C. Loffland
E. Parker Lowe
Jennifer L. Wright
Kimberly A. Wurtz
Sarah D. Willey
William J. Houser
Zachary T. Ball
Kay Lynn Busby
Client Intake Specialist
Front Office Assistant
Front Office Assistant
Chief Operating Officer
* Meetings with attorneys by appointment only *
Great advocacy, and excellent at keeping client informed about options.
Jennifer assisted us in making a trust, and all of the additional documents that go with it – advanced directives, powers of attorney, etc. She was professional, knowledgeable, cheerful, personable. We are very happy with our association and look forward to doing business with them in the future!
I enjoyed meeting and talking with Mr. Bottomly. He was easy to talk to, and I left feeling confident that should I end up needing legal assistance, working with Mr. Bottomly would be a positive experience. Thank you.
Quality attorneys representing my wife and me in a difficult situation. Always responsive, professional and advanced the clients best interests. Always had direct access to our attorney. Thanks so much.
Don and Kay Holladay
I recently needed advice regarding a property matter. I was able to make an
I have used Ball Morse Lowe for both business and personal reasons. Parker Lowe handles my oil and gas issues and Bow Bottomly recently represented me in divorce proceedings. The staff has always been very helpful and even though I am not a big client, they never make you feel that way.