Tulsa Attorney Blog
Do You Have To File A Police Report To Get A Protective Order In Oklahoma?
Do you have to file a police report in order to get a protective order in Oklahoma? I'm Tulsa attorney, James Wirth. I'm about to answer that question. Do you have to get a police report and make a report in order to get a protective order in Oklahoma? Well, it depends. It depends on the basis upon which you're requesting the protective order be granted. Under most circumstances, you do not. Read more »Can Victims Of Crime File For Protective Order Against Perpetrators In Oklahoma?
Can victims of crime in Oklahoma filed for a protective order against the perpetrator? I'm Tulsa attorney James Wirth. I'm about to answer that question. If you're a victim of a crime in Oklahoma, can you get a protective order against the perpetrator? That would prevent that person from being around or if they are around you in violation of the order, you can call the cops and they can be arrested for that. The answer is most of the time, no, but sometimes, yes. The statute does allow a victim of a crime to get a protective order if it's the right crime.. Read more »Can You Get A Protective Order On The Basis Of Rape In Oklahoma?
Can you get a protective order on the basis of rape in Oklahoma? I'm Tulsa attorney James Wirth and I'm about to discuss that issue. Okay, so to get a protective order to Oklahoma, there's a number of different boxes that could be checked. It could be domestic abuse, it could be threat of imminent physical harm, it could be harassment, it could be stalking, it could of being a victim of certain crimes. In addition, Victims of rape can file for a protective order on those basis. Read more »What Does Stalking Mean In An Oklahoma Protective Order?
What does it take to get a protective order on the basis of stalking in Oklahoma? What does stalking mean on the protective order act? I'm Oklahoma attorney James Wirth and I'm about to tell you. Under Oklahoma law, Stalking means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor or a minor 13 years of age of older in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested, and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Read more »What Is Harassment For The Purposes Of A Getting A Protective Order In Oklahoma?
What is harassment for the purpose of getting a protective order granted in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to answer that question for you. Harassment means a knowing and willful course or pattern of conduct by a family or household member or an individual who has been or is in a dating relationship with a person, directed at a specific person, which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress or must actually cause substantial distress to the person. Read more »What Is A Threat Of Physical Harm For The Purposes Of A Getting A Protective Order In Oklahoma?
What does domestic abuse mean for the purposes of getting a protective order in Oklahoma? I'm Oklahoma attorney James Wirth, I'm about to answer that question for you. To get a protective order in Oklahoma, it needs to be domestic violence, domestic abuse, threat of an imminent harm, harassment, stalking, rape or victim of certain crimes. So in the statute, the threat of imminent harm is actually a component of domestic abuse. Read more »What Does Domestic Abuse Mean For Getting A Protective Order In Oklahoma?
What does domestic abuse mean for the purposes of getting a protective order in Oklahoma? Oklahoma attorney James Wirth, answers that question for you. What are the four different ways to get a Protective Order? One, domestic abuse. Two, threat of imminent harm. Three, harassment. Four, stalking, also rape and potential if you're a victim of certain crimes. Read more »Under Oklahoma Law, Can You File a Protective Order On Someone Else's Behalf?
Under Oklahoma law, can you file a protective order on someone else's behalf? I'm Tulsa attorney James Wirth and I'm about to answer that question for you. Okay, so can you file a protective order on someone else's behalf? The answer sometimes is yes. So obviously you can file one for yourself, but also you can file one on other household members if they are a minor or if they are incompetent legally or incapacitated. Read more »How Do You File For a Protective Order in Oklahoma?
How do you file for a protective order in Oklahoma? I'm Oklahoma attorney James Wirth and I'm about to answer that question for you. Okay, so how do you file for protective order in Oklahoma? Well, luckily there are many options to do so. One of the first options is you could hire an attorney. Another option is there's some nonprofits that help with that. In Tulsa County, there is a DVIS, Domestic Violence Intervention Service and they help people filling out a protective order forms. Read more »What Relief Can a Judge Grant In a Protective Order Case In Oklahoma?
What relief can a judge grant in a protective order case? I'm Tulsa attorney James Wirth and I'm about to answer that question for you. What relief can a judge grant in a protective order case, what authority does the judge have? In the Oklahoma statute, it's very wide. At the hearing the court may impose any terms and conditions in the protective order that the court reasonably believes are necessary to bring about the cessation of domestic abuse against the victim of stalking or harassment. What can the court grant according to this? Anything. Read more »Can a Protective Order Be Vacated in Oklahoma?
Can a protective order be vacated in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to answer that question for you. If there's an order in place and it's vacated, it's not the same as the protective order expiring. When it's vacated, it undoes the granting of it in the first place. So it's like it never happened under those circumstances. So it's better to get it vacated than just to have it expired. Read more »Can Oklahoma Protective Orders Follow You For The Rest Of Your Life?
Can protective orders be expunged in Oklahoma or are they going to haunt you for the rest of your life? I'm Tulsa attorney James Wirth, and I'm about to answer those questions. Can a protective order be expunged in Oklahoma? Yes, they can. In fact, the vast majority of protective orders are eligible for expungement. What you want to look at is what was the end result of the case. Read more »Violation of An Oklahoma Protective Order Is a Crime!
What does it mean to violate a protective order? When somebody files for a protective order, it is effective when it's served on the defendant. So from that moment, they're on notice that any violation of it is not just contempt of court like in any other order violation, it is actually a separate criminal offense. That means that it is prosecuted not by the plaintiff, but by the district attorney. Read more »Oklahoma Protective Order Process - Step 6 : Service of Final Protective Order
Step six in the protective order process in Oklahoma, service of the final protective order. I'm Oklahoma attorney James Wirth, and I'm about to tell you what it means to get service on the final protective order. If you're at a protective order hearing, and the protective order is granted. It's a full final order. So the protective order case is done. That order needs to be served under certain circumstances. If the defendant is present in court, then it can be served at that time. Read more »Oklahoma Protective Order Process - Step 5: What Is Discovery?
Protective order step 5 is discovery. What is discovery? Hi, I'm a Tulsa attorney, James Wirth, and I'm about to answer those questions and give you an overview of discovery in protective orders. Discovery is simply a process in litigation by which you get information. Read more »Oklahoma Protective Order Process - Step 4 : Full Protective Order Hearing
Step 4 in the protective order process, that is the full hearing. I'm Oklahoma Attorney James Wirth and I'm about to tell you what to expect at a full protective order hearing. If you filed for a protective order or the other side filed for a protective order, and it's been set for the full hearing. That is the opportunity for both sides to be heard, where there's an opportunity to have a court reporter present, which you definitely want to request, and an opportunity to cross-examine on both sides, bring witnesses, introduce evidence. Read more »The Protective Order Process In Oklahoma - Step 2: Ex Parte Emergency Hearing
Step two in a protective order process is the ex parte hearing. What is that? I'm Oklahoma attorney James Wirth, and I have the answer to that question. Ex parte hearing means one party is heard. The other party is not heard. If you're the plaintiff, you get to give your testimony. Read more »
The Protective Order Process In Oklahoma - Step 1: How Do You File?
The first stage is to file the petition and that requires that you to fill out a form. Luckily in Oklahoma, the law requires that the clerks have forms available for you so you don't have to draft it from scratch. If you need a protective order, go up to the court clerk, ask for the protective order form, and you can check some boxes Read more »
What Are The Steps In The Process For Getting a Protective Order in Oklahoma?
First step, you've got to file some pleadings. Step two is you're going to go before a judge in what's called an ex parte hearing, ex parte meaning only one party is heard. The next step is actually going to be service. So once the ex parte hearing happens, if the protective order is granted, then the defendant needs to be served. The next step in list there, that is going to be the full protective order hearing. So on that date, you need to be prepared to be put on evidence to testify and to be ready to be cross-examined. The next potential step is is discovery. If the defendant fails to appear and it's granted, and it does not offer any more stringent terms than the emergency, it does not have to be served again. Read more »
What Is The Procedure For Getting a Protective Order in Oklahoma? What Should You Expect?
What is the procedure for getting a protective order in Oklahoma? What should you expect? I'm Oklahoma attorney James Wirth, and I have the answers to those questions for you. If you're getting a protective order in Oklahoma, the first thing that occurs is essentially the pleadings, the drafting and the filing of the pleadings. In Oklahoma, in most types of civil cases, family law cases included, there aren't form pleadings at the courthouse, but that's different for protective orders. Read more »
Can a Protective Order Case Be Transferred To Another Judge or Another County in Oklahoma?
Can a protective order case in Oklahoma be transferred to another judge or another county? I'm Oklahoma attorney James Wirth and I have the answer to that question. In protective orders there are a couple of considerations. If you're in a county that has a separate docket for protective orders like Tulsa County, then if a FD filing, a family domestic filing, is filed, those two are generally consolidated together.
Read more »Where Can You File a Protective Order in Oklahoma?
The first thing we look at is we're going to look at the protective order act. Oklahoma has all the protective order statutes, nice and neat together under title 22 and it lays out at least under Oklahoma law where you can file. And it says there's three places, three venues that are proper for filing in Oklahoma. One the County of where the petitioner resides. Two the County of where the defendant resides. And three the County where the acts resulting in the protective order occurred. Read more »
Everything You Need to Know About Oklahoma Protective Orders
So what is a protective order? That is where you can get an order in place that requires somebody to stay away from you, somebody to stop having contact with you, stop harassing you, stalking. And in Oklahoma we call them protective orders. Elsewhere, people may be more familiar with them as restraining orders. Read more »Arson Case Dismissed at Preliminary Hearing
A woman hired Attorney Jason Lile to defend her in an arson case. After going over the evidence, he found his client to be innocent. Jason presented information to the court and the court agreed with him, which led to all charges being dropped. Read more »Juvenile Delinquency Charges Dropped
When retained to represent a young boy in a Tulsa juvenile delinquency case, Attorney Justin Mosteller determined the boy was wrongly accused and set the case for trial. Facing the prospect of taking their flawed case to court, prosecutors dropped the charges. Read more »
