Tulsa Attorney Blog
3 Magic Words to Make a Marijuana Charge Disappear in Oklahoma
Three magic words to make a misdemeanor marijuana charge disappear in Oklahoma. That's right. I'm Oklahoma attorney James Wirth and I'm about to tell you the way that two laws that went into effect around the same time, can work together to make a medical marijuana charge disappear by stating three magic words. Read more »Did HR Marry You and Your Significant Other?
Did your company's HR rep accidentally marry you and your significant other without you knowing about it? Believe it or not, it happens. I'm Oklahoma attorney James Wirth, and I'm about to tell you about how common law marriages can be established without you knowing it. Read more »Does Oklahoma Recognize Common Law Marriage?
Once you are common law married, like I said, if you want to undo that, you can't just do a common law divorce, that doesn't exist. You have to go through a regular dissolution of marriage process. That can sometimes be complicated when people don't do that. Because a lot of times, the more complicated cases we see, they've entered into a common law marriage sometimes without knowing it, sometimes with knowing it. They didn't dissolve it, they got into other relationships, they have other kids. Read more »Covid-19 Impacts Emergency Custody in Oklahoma
The Oklahoma Supreme Court has put out rules that have limited greatly what can be done in courts right now during this lockdown isolation period. Also, each county court most county courts have also put out their own rules restricting things. But there are certain things that we can't shut down, no matter how bad it may get. And those things include.. Read more »Does Covid-19 Jeopardize Divorce Filing in Oklahoma?
As of April 2nd 2020, Oklahoma Courts are closed for most things. If you go down there, there's going to be security that's going to see whether you can even get into the courthouse, but certain things are open... The things open will surprise you. Read more »The Facts Behind Emergency Custody for Potential Coronavirus Exposure in Oklahoma
So there's been this one order going around on social media where actually a tribal judge here in Oklahoma purportedly granted a change in custody on an emergency basis without hearing from the other side primarily because the parent was working in the healthcare industry and could have been exposed to the Coronavirus. There was no specific information that, that person was exposed. The allegations were based just on the line of work. And the post goes on and talks about that at 10 o'clock, "Law enforcement showed up at my house and forcibly removed my child and gave it to dad just because I work in the healthcare industry." Read more »Can Visitation Be Denied Due to the Coronavirus?
There have been parents who get visitation normally, but are being denied visitation from the other side saying that it's a danger to transport the child, or have the child in more than one house, or some other circumstances. What can you do under those circumstances? What are you entitled to do? Read more »Can You Stop Paying Child Support After COVID-19 Layoff?
Tulsa attorney James Wirth discusses child support and the Covid-19 pandemic and how they affect each other. Okay, so first off, if there is a court order for child support. It's based on making a certain amount of money and then losing your job due to a layoff or due to other circumstances from the Coronavirus.
Read more »Is the Coronavirus Grounds to get out of Jail in Oklahoma?
Oklahoma Department of Corrections has decided that they're no longer going to receive new inmates from county. Generally, somebody gets charged in a county court, once they're convicted, they pull chains, and they get sent off to Oklahoma Department of Corrections. And then, they get placed into a penitentiary system there. That's no longer happening. Read more »Does Covid-19 Affect If Oklahoma Law Offices Are Open? Are Lawyers Essential?
Are lawyers essential? Do we really need them? I'm Tulsa attorney James Wirth and I'm about to talk to you about the executive order and whether law firms are going to remain open. So Governor Kevin Stitt in Oklahoma on March 24th 2020, entered an executive order that ordered the closing of all non-essential business. Are law firms essential, are lawyers essential, are they going to remain open during this time period? Read more »How to Get Personal Belongs Back If Kicked Out Due to an Oklahoma P.O?
If a protective order is filed against you by a household member, you can be immediately ordered out of the house before you even get to talk to the judge or have a hearing over it. It can happen immediately. If all of your properties in the house, how do you get that? Okay, well, the law does provide a mechanism to do that. When the protective order is served on you by the Sheriff's deputy, ask the deputy for an opportunity to grab some property from the house. They should escort you into the house to get clothes and other personal belongings. They're not going to let you start packing up furniture or anything crazy. They'll give you a few minutes to get personal belongings Read more »Does a Protective Order Take My Gun Rights Away In Oklahoma?
Tulsa Attorney James Wirth explains how a protective order can take away your gun rights. If that protective order is granted, your Second Amendment rights are gone at that moment that that protective order is served upon you. The sheriff will probably take those guns out of your household, or you'll have to give those to a third party because it will be illegal for you to possess them while the protective order is in place, and that's under federal law. Read more »Say Goodbye To Your Pet if an Oklahoma P.O is Granted
f someone is living in your household, even if it's not their dog, could be your dog, they could file and add the dog onto it, even though they don't have ownership over the dog, as long as they've been living with the dog, have possession of the dog, have been leaser holding the dog. Under those circumstances, they can do that. The dog will be taken away from you. The animal will be taken away from you until you can get to court on a show cause hearing where the judge would make a determination on what is appropriate. But does that happen in Oklahoma? It does happen in Oklahoma. Read more »The Frightening Facts Behind Being Evicted Due To an Oklahoma P.O
Eviction by protective order in Oklahoma? Can that even happen in Oklahoma? Tulsa Attorney James Wirth has seen many cases like this. Thankfully, he has an answer to that question. an eviction is not a legal proceeding where the landlord takes you to court to throw you out of your house. I'm talking about you being thrown out of your house immediately because a protective order was filed. And does that happen? Every single day.
Read more »Oklahoma Protective Order Can Affect Custody Rights.
Can you do something if your custody is being denied due to your protective order? Tulsa attorney James Wirth explains this divisive topic in-depth. So what can you do if your kids has been put on a protective order against you, and because of that protective order is in place, you can't have your visitation or custody rights? Well, that depends on a few things.... Read more »The Terrifying Truth of Kidnapping by Oklahoma Protective Order.
Kidnapping by protective order. Could that happen in Oklahoma? Tulsa attorney James Wirth has that answer for that question. Kidnapping by protective order. What does that mean? Essentially that would be somebody filing a protective order on behalf of a child that is your child taking that child away from you. So can that happen under Oklahoma law? And the answer is.... Read more »Can an Oklahoma P.O Lead To Unexpected Termination?
Can you lose your job if someone files a protective order against you? Answer is yes. There's a couple different ways that it could happen. Most jobs are not on a contract basis. Most people don't have a contract with their employer that specifies the exact terms and duration. Most people in Oklahoma are an at will employment, which means that they can be fired at any time for any reason or no reason at all. So if a protective order is filed, that's showing up on your background check, that could be a reason for an employer to terminate you. Additionally, if you work with the person that filed the protective order, then the protective order may prohibit you from going to your place of employment. That makes it really difficult to work there and that could cause you to lose your job. Read more »Oklahoma Protective Order Can Cause Crippling Consequences
Oklahoma Attorney James Wirth Explains The Downfalls Of Having A Protective Order Being Filed Against You In Oklahoma. So what are the consequences of having a protective order against you besides the fact you're going to have to show up in court, need to hire an attorney, there's some immediate effects it can have... Read more »How to Protect Yourself From An Oklahoma P.O Being Filed Against You
How do you protect yourself from a protective order being filed against you in Oklahoma? Tulsa attorney James Wirth discusses that topic. Okay, so what can you do to mitigate the risk of a protective order being filed? In my firm, we deal a lot in family law cases, people going through domestic struggles, fighting over custody, child support, getting divorces, legal separations, paternity determinations. Read more »The Shocking Truth On How Long an Oklahoma P.O Can Last
Can an Oklahoma P.O Haunt You For Life? Tulsa attorney James Wirth explains how a protective order in the state of Oklahoma can have a crippling effect on you. A protective order act went in place in 1982. From that point to 1999, a protective order could be continuous or lifetime. And from that time frame, people got into the habit of calling it a permanent protective order because it was in place essentially forever.. but the law has since changed.. Read more »If Issued an Oklahoma P.O It Is CRUCIAL to Hire an Attorney.
Have you ever wondered if you should hire an Attorney to defend you against a protective order in Oklahoma? Tulsa attorney James Wirth says if someone files a protective order against you, it is quite necessary to hire an attorney. The reason is that these are very serious things and could have a major effect on you. Read more »It Is Possible You Are Committing a Crime and You Might Not Even Know It
Filing a false protective order is a crime in Oklahoma! But, is it ever prosecuted? Tulsa Attorney James Wirth explores that topic. There could be a punishment up to one year in jail and up to a $5,000 fine for a first offense, and up to two years in jail and a $10,000 fine for a subsequent offense. Read more »A Surprising Thing Most Don't Know About Mutual Oklahoma Protective Orders
Are there mutual protective orders in Oklahoma? What is a mutual Oklahoma protective order? Tulsa attorney has the answer to both of these major concerns affecting those in the state of Oklahoma. Just because one party makes a good case for a protective order and the judge maybe thinks it should be mutual, they can't do it mutual on that basis. Each party must separately make their case and then there's two separate protective orders, just pointing different directions. In Oklahoma, there are no mutual protective orders, but each party can get a protective order against the other if they prove their case individually. Read more »Can A Domestic Proceeding Affect an Oklahoma Protective Order?
How does it work when a protective order is filed and there's also another domestic proceeding, like a divorce or legal separation or a paternity case? I'm Tulsa attorney, James Wirth, I'm about to explore that topic.
If there's a divorce that's pending or a legal separation case that's pending or a custody case, any kind of domestic case, guardianship even or adoption, if those are pending already in the court, then most of the time if somebody tries to file a protective order and the parties are the same parties, that it will be filed as a separate case, but they'll be consolidated and they'll be set before the judge that has the regular domestic case rather than the judge that might've otherwise handled the protective order case. Read more »Can You Dismiss Your Own Protective Order in Oklahoma?
Have you ever wondered if you could dismiss your own Oklahoma protective order? Thankfully, Oklahoma Attorney James Wirth has that very simple answer to that question. One, you can show up to court and request it to be dismissed. The judge may ask you some questions. The judge may ask you to speak with a domestic violence person to make sure that's what you really want to do. But you can do that. And ultimately you can demand that it'd be dismissed. Or your other option is if you fail to show for court, if it's set for a hearing and you fail to show them, then it's going to be dismissed. So those are the ways that you could get it dismissed. But you cannot do it unilaterally, the judge does have to approve it. Read more »
