Protective Order Dos and Don’ts: Expert Advice
Are you or someone you know the defendant in a protective order and you are wondering what you can do in this situation? My name is Carl Birkhead. I’m an attorney in Tulsa, Oklahoma. I’ve been doing this for about seven years. And I want to tell you about the do’s and more importantly the don’t’s of a protective order case.
I had this come up literally within the last week. In this particular instance, it was a divorce and there’s a protective order going on where both sides have been violating the protective order for a legitimate purpose. It’s to try to coordinate trying to see the kid. While that’s a great thought, my biggest advice I can give anybody who is the subject of a protective order, whether you’re on the plaintiff’s side or more important, if you’re the defendant in a protective order, you cannot, cannot, cannot violate that protective order.
Why Violating a Protective Order Can Be Dangerous
I know that sounds like common sense, but it’s a little bit more tricky than it seems. Let’s say you’re the defendant and the person seeking the protective order reaches out to you. You think, okay, it’s okay. I didn’t initiate the contact. They reached out to me. I should be able to reach back. No, you can’t. That’s a violation and it could subject you to criminal liability. If you violated a protective order enough, you could be subject to a misdemeanor or maybe even a felony if you keep it up.
Now this is dangerous in a lot of situations because these types of cases, these protective orders can get weaponized. I had a colleague tell me a little while ago that he had a case where his client was a husband. The opposing party, obviously the wife, got a protective order against him for whatever reason. She decided to invite him over to her place one night for dinner. They had dinner, drinks. They followed the natural progression of where you think that would go.
Always Protect Yourself
But for some reason, during the course of those events, the wife was not happy with the husband’s behavior or performance and decided to call the cops on him for violating the protective order. And there was nothing he could do about it. He broke the P.O. It doesn’t matter that he was invited. It doesn’t matter that she broke first. The order was restraining him from going over there. It doesn’t go both ways. Always, always, always make sure you’re protecting yourself. Make sure that you’re covering your bases.
Contact Us for Help
If you are in this type of situation and you’re not sure what you should do, you’re not sure what is or is not appropriate, the best advice I can give you, call your lawyer. This is what we’re here for. We are here to help. We’re here to advise. We’re here to make sure that you don’t accidentally get yourself in a bad situation. If you have questions about this or you think that this is something that you need some help with, please feel free to reach out to me. You can find me at MakeLawEasy.com. My name is Carl Birkhead and I’m with Wirth Law Office. Thank you.
Call Today for a Low-Cost Initial Strategy Session
If you need help navigating a protective order case, don’t hesitate to reach out. Call us at 918-879-1681 to schedule a low-cost initial strategy session. We’re here to help you protect your rights and guide you through the legal process.
