Tulsa Attorney Blog
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 »Oklahoma Ignition Interlock Program Targets Drivers Arrested for DUI
Under a new Impaired Driver Accountability Program drivers arrested for DUI can slightly reduce the risk associated with installing an ignition interlock device. The six month program is extended 60 days each time a driver fails an alcohol breath test, Drivers who successfully complete the program can get their drivers license reinstated without paying a reinstatement fee. Read more »Reclassified Oklahoma Felonies Can Be Expunged Within 30 Days
Starting Nov. 1, non-violent offenses previously classified as felonies can be expunged as misdemeanors, regardless prior convictions or other pending charges. The only statutory requirement for fast track expungements are full payment of restitution and completion of any court-ordered treatment programs. Convictions are eligible for expungement 30 days after completion of a sentence. Read more »Oklahoma Justice Reforms Spell Reduced Sentences for Thousands
Incarceration for Oklahoma probation violation on most felony drug possession or low-dollar property crimes are now limited to one year. Justice reforms approved in 2019 also mean inmates passed over in Oklahoma's historic November mass commutation are likewise eligible for consideration in light of new laws under the state's usual commutation process. Read more »Trademark Owners Cannot Block Non-Trademark Use of Trademarked Term
Fake Cease-and-Desist Letter Has No Teeth The Florida chapter of a journalist’s trade group recently released a satirical letter asking Pres. Donald Trump to stop using the phrase “fake news” because they intend to trademark the term. California trademark attorney Ted Hasse explained that’s not how it works. Even if the cease-and-desist letter were not […] Read more »Can You Sue a Celebrity for Posting a Photo You Took of the Celebrity?
Bieber Sued for Posting Picture of Bieber Simply Being in a Picture Does Not Give You a Copyright It’s no surprise that someone would be sued for posting a photo of a celebrity on Instagram. What about when the person sued is the same person in the photo? Yes, you read that right. Justin Bieber […] Read more »Should I Settle My Tulsa Personal Injury Claim or Go to Court?
Many people ask us questions such as, “Should I settle my Tulsa personal injury claim or go to court?” We will attempt to answer this question here. However, keep in mind there is no simple solution. Each case is different, and details matter. Whether you decide to settle your Tulsa personal injury claim or go […] Read more »Slip and Fall in Oklahoma: Who is at Fault?
Slip and fall accidents in Tulsa, Oklahoma can get complicated. The property owner may be at fault, the plaintiff may be at fault, or both the plaintiff and the property owner could share responsibility for the injury arising from a slip and fall. If you or a loved were injured in a slip and fall […] Read more »Tulsa Auto Accident Lawyer: What is Pain and Suffering?
Putting a dollar amount to pain and suffering in Tulsa, Oklahoma can get complicated. It is usually a jury that determines the merits of a pain and suffering claim in court. In Oklahoma, if you have an accident and suffer disfigurement or dismemberment, you can claim for pain and suffering. Any injury that causes you […] Read more »What Are Grounds for Divorce in Oklahoma?
Fault vs. No-Fault Grounds For Divorce In order to obtain a divorce in Oklahoma, you must have a legal reason to do so. This reason is commonly known as “grounds” for divorce. Every divorce petition in Oklahoma must allege the grounds under which the party filing the petition is seeking to end the marriage. Okla. […] Read more »What is the Time Limit for Filing a Personal Injury Case in Oklahoma?
In typical cases, a personal injury claim in Oklahoma must be filed within two years of the injury. Exceptions include intentional torts, which must be filed within one year. Injuries not discovered until later may qualify for more time. Read more »Tulsa Personal Injury Attorney: How Long Will an Oklahoma Injury Claim Take?
While an Oklahoma injury case is pending, it can seem as if time has frozen in its tracks. Weeks, even months can pass with no significant progress in the case. Many plaintiffs eager to get a personal injury settlement begin to wonder, how long will this take? The answer is seldom straightforward. It could take […] Read more »What is Negligence in Oklahoma Personal Injury Law?
Unreasonably careless behavior can be negligence in Oklahoma personal injury law. When injury attorneys can prove someone's negligence caused another person's injury, the injured party may be awarded compensation. Read more »Tulsa Personal Injury Lawyer: How to Prove Fault in an Auto Accident?
When an auto accident has happened, proving that the other driver was at fault is crucial in your compensation case. To determine the other driver’s fault, you should provide evidence that shows that he or she acted in a manner that was careless and not prudent. If you can prove the other driver acted negligently, […] Read more »Ask the Tulsa Personal Injury Lawyer: Is the Rear Driver Always At Fault?
No. In most cases, it is the rear driver who is thought to be at fault for a car crash. But the back end collision landscape has also been invaded by ‘cash for crash’ scams. Some insurance fraudsters use two vehicles to break suddenly in front of a car and force a collision. If you […] Read more »Tulsa Auto Accident Attorney: What to Do After an Auto Accident
A Tulsa auto accident attorney explains steps to take after a car wreck to protect your safety and prepare for an Oklahoma personal injury claim. Read more »Tulsa Personal Injury Lawyer: Steps in an Oklahoma Personal Injury Claim
Knowing the steps in a personal injury claim can help you better work with your Oklahoma accident attorney to get the best personal injury claim settlement. Read more »Oct. 11, 2018: Tulsa Attorney James Wirth on Z-104.5
Tulsa attorney James Wirth joined Josh and Chuck on the Morning Edge at z-104.5 He fielded questions about dog bites, roommate breakups, broken chairs at work and collecting unemployment after getting fired. It is often the case that a simple question does not have such a simple answer. In the case of roommates who broke […] Read more »
