Understanding the Process of Vacating a Court Order
When and how can you vacate an order of the court? I’m Tulsa criminal attorney Carl Birkhead with Wirth Law Office in Oklahoma. I want to make law easy by just briefly telling you about vacating court orders and when and how that can play into your case. So I’ve been doing family and criminal law for about seven years now.
Vacating court orders comes in on the criminal side more than anything else because a lot of times you get something where maybe you missed court or something happened to where a court order was entered against you that you don’t like, or that wasn’t fair, or that didn’t follow the statute. There are specific provisions within Title 12 that deal with when and how you can vacate an order of the court.
Common Scenarios for Vacating Court Orders
The most common situation I’ve seen is when the court order is put into place by default. For example, let’s say you had a pre-trial schedule for your divorce and you didn’t show up for some reason. By default, a court order is entered granting the divorce, granting the side that showed up everything that they wanted, leaving you in a difficult position. In these cases, you can vacate those.
To vacate a default order, you must show, first that there was indeed a default order. Second, it has to be within the time limit, which with a default decree, you get, I think, up to a year. Lastly, you need to demonstrate some sort of fraud or mistake or justification for why you weren’t there, such as a valid reason for your absence.
Challenging a Court Order: Factors to Consider
Very rarely do I see cases where someone present in court can get a court order vacated. It’s uncommon for someone to vacate a court order they signed off on and agreed to. However, it plays into situations where it’s a default decree and there’s fraud or mistake or something like that.
The law is structured so that everyone should have their day in court. If you’re deprived of this right by there being a default judgment against you, unless it’s an egregious situation, more often than not, the courts are inclined to vacate the order. They aim to turn back the clock and allow you to have your day in court.
Contact Us for a Low-Cost Initial Consultation
This process can get confusing, and it’s something I caution my clients about whenever we’re looking at trying to get a court order vacated and completely removed. If you think you need assistance or believe your situation justifies vacating an order, absolutely give us a call. I want to be able to help you out. I’ll go over the facts with you and apply them to the law to see if you’ve got enough to make it happen. I’m Oklahoma criminal lawyer Carl Birkhead with Wirth Law Office, and I want to help you make law easy. Call us today at 918-879-1681 for a low-cost initial strategy session.
