Tulsa Attorney Blog
Can You Get A Protective Order For Your Dog In Oklahoma?
Can you get a protective order for your dog in Oklahoma? I'm Tulsa attorney, James Wirth, and I'm about to answer that question. Okay, so you're filing for a protective order. Can you put your dog on there? And, the answer is yes. Read more »What Happens if You Fail to Appear For a Protective Order Hearing in Oklahoma?
What happens if you fail to appear for your protective order hearing in Oklahoma? Tulsa attorney James Wirth has the answer to that question. Well, it depends what your position in the case is. If you're the petitioner and you file a protective order requesting protection and you fail to appear, generally the court's going to call your name three times, wait until maybe about 10 minutes after, and then if you're not there, they're going to dismiss the protective order. It's going to be gone and done. Read more »Can A Petitioner Violate Their Own Oklahoma Protective Order?
What are the consequences if a petitioner violates their own protective order under Oklahoma law? Oklahoma attorney James Wirth has the answer to that question. It is real clear if the defendant violates the protective order, that's a violation of law. For first offense misdemeanor, second offense is a felony. In either case, the police can investigate, send it to the prosecutor. District attorney can file charges, arrest warrant can issue, they can be arrested, convicted, potentially thrown in jail for it. Read more »Can You File A Protective Order Against A Minor In Oklahoma?
Can you file a protective order against a minor, a child in Oklahoma? I'm Tulsa attorney James Wirth, I'm about to answer that question for you. If you have been on the receiving end of domestic violence, a threat of eminent harm, harassment, stalking, rape, or certain crimes committed by a child, a minor, can you file a protective order against them? The answer is, yes if the child is 13 years or over, then you can. Read more »If Someone Files A Bogus Oklahoma Protective Order Against Me, Can I Have Them Pay My Attorney Fees?
If someone files a bogus protective order against you, can you get them to pay your attorney's fees that you used to defend it? I'm Tulsa attorney James Wirth, and I'm about to answer that question. If someone files a protective order against you and it's bogus, it's got a bunch of lies in it, ultimately goes to a hearing and that is dismissed, but you're out all this money paying an attorney to defend you on these claims. So can you get the plaintiff, the petitioner in the case, ordered to pay your attorney's fees? Well, it depends.. Read more »Can I Get The Defendant To Pay My Attorneys Fees During A Protective Order Filed In Oklahoma?
Can I get the defendant to pay my attorney's fees in a protective order filed in Oklahoma? I'm Tulsa attorney James Wirth, and I'm about to answer that question. So can you get, if you file a protective order, can you get the other side, the person that's been harassing you, stalking you, or committed domestic violence or threats against you to pay your attorney's fees? Sometimes you can. Read more »Restraining Order vs. a Protective Order in Oklahoma
What's the difference between a restraining order and a protective order in Oklahoma? I'm Tulsa attorney James Wirth, and I'm about to answer that question. First off, What's a protective order in Oklahoma? Protective order started in Oklahoma in 1982 and it allows for a different type of enforcement of a court order. If a protective order is violated, it is a crime. Read more »Do You Have To Pay A Filing Fee Or Court Charge To Get A Protective Order In Oklahoma?
Do you have to pay a filing fee or court cost, to get a protective order in Oklahoma? I'm Oklahoma attorney James Wirth, and I'm about to discuss that issue. Okay, do you have to pay a filing fee to file a petition for a protective issue in Oklahoma? No. Read more »Oklahoma Child Abuse Case Dismissed
Tulsa Attorney Justin Mosteller with the Wirth Law Office reports good news for a client of ours. Thankfully, Justin was able to get a case dismissed that has been really weighing on us as a firm because our client was very clearly innocent of the charges.
Read more »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 »
