A Oklahoma City protective order and protective order elsewhere in Oklahoma is defined and governed by the “Protection from Domestic Abuse Act.”
A protective order is a court order intended to protect victims of domestic violence, harassment, or stalking by banning contact between the claimant and the defendant. Once a protective order is issued and the defendant is served with the protective order, the defendant may not have contact with the person protected by the order until the protective order is lifted.
During regular courthouse hours, a victim of domestic violence, stalking or harassment may fill out a protective order petition at the office of the county court clerk. When the courthouse is closed, a victim may be able to obtain a temporary protective order from a law enforcement agency, such as the county sheriff, that lasts temporarily until the courthouse reopens.
In addition to prohibiting contact with a specific person, a protective order can affect virtually every area of one’s life.
Although the law specifically states that a protective order is not an appropriate tool to determine the issues of parental rights and property division, a protective order may temporarily impact those rights. For example, a protective order can require you to leave your home, and it can prohibit you from seeing your children for a period of time.
Additionally, federal law prohibits anyone subject to a protective order from possessing or transporting firearms and ammunition. Violation of any part of a protective order can result in criminal charges being filed against you.
Furthermore, simply being the subject of an Oklahoma City protective order can cause you to lose your job and your professional license in certain circumstances.
Oklahoma custody law provides that if one parent proves “by a preponderance of the evidence” that the other parent has engaged in domestic abuse, stalking, or harassing behavior, there is a legal presumption that the parent engaging in such conduct should not have custody of, or even unsupervised visitation with, a minor child.
Since Oklahoma City protective orders and elsewhere concern dangerous behavior, a victim protective order (VPO) entered against you may cause you to lose custody of your children, or result in a requirement for you to have a supervisor present when seeing your child.
Protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed.
When the protective order is initially granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is sent for service upon the defendant. Generally, a trial will be held at that set date and time to determine if a protective order is necessary.
A protective order involves very serious allegations that can permanently impact the lives of each party and the lives of their children. A protective order hearing can involve testimony and evidence that impacts future child custody decisions and criminal proceedings.
If you are seeking the protection of a court order, or if you have been served with a notice that someone is asking for a protective order against you, you should seek legal advice as soon as possible. Each Oklahoma family law attorney at Ball Morse Lowe, PLLC has extensive experience dealing with protective order cases.
The attorneys at Ball Morse Lowe have built a respected reputation over the decades for providing sophisticated counsel in complex oil, gas, and energy law matters, business law cases, transactions, estate planning, and family law matters. We take pride in assisting individuals and families with their legal concerns. Personable and responsive, our lawyers craft documents and develop strategies tailored to each client's unique goals and needs.
Ball Morse Lowe, PLLC, is committed to providing excellent service and sound solutions to our clients in a cost-effective manner. From our law firms in Norman, Oklahoma City, Dallas, and Denver, our attorneys provide services throughout the Oklahoma City, DFW, and Denver Metros and in other states, including Texas, North Dakota, Ohio, Colorado, California, Wyoming and New Mexico.
Ball Morse Lowe is a recognized law firm that serves clients across Oklahoma, Texas, and Colorado.
Our lawyers have extensive experience handling a wide range of practice areas, including family law, estate planning, litigation, real estate, oil, gas and energy, business & commercial, and much more.
Our firm is devoted to providing each client with all the resources of a large firm but with the individualized attention of a small practice. Unlike many other firms, we have the ability to conduct investigations, hire expert witnesses, and utilize cutting-edge technology to help you build the strongest case possible.
The lawyers at Ball Morse Lowe can help you seek what's needed in your case. Our team is standing by to assist you, so call us at (877) 508-4265 to get started with a free consultation with our client intake team.
Tommy J. Pfeil
Sarah D. Willey
Caron C. Loffland
E. Parker Lowe
Grant P. Scowden
Jennifer L. Wright
Katie M. Spencer
William J. Houser
Zachary T. Ball
Front Office Assistant
Chief Operating Officer
Front Office Assistant
Client Intake Specialist
* Meetings with attorneys by appointment only *
I cannot thank Mr. Tommy Pfeil and Ms. Sarah Willey enough for all the support they've shown me throughout my unfortunate divorce. With all the twists and turns thrown at my situation both in my personal life, but also my military career. This team always made me feel as though my case took priority. I will forever be grateful for them and highly recommend either of them to represent you as you drudge through your specific situation. Thank you again Mr. Tommy Pfeil and Ms. Sarah Willey for everything you did on my behalf.
Ball Morse Lowe, PLLC offer exceptional knowledge in the oil and gas industry among many other things. I have worked with Senior Attorney, Chris Michael, multiple times and he continues to exceed expectations. If you are looking for a group of hard working, time efficient, diligent, and ethical attorneys, Ball Morse Lowe, PLLC and specifically Chris Michael would be a great choice.
I felt like I mattered. I felt like what I had to say was important. Glenn was thoughtful, encouraging and understanding. She helped me navigate the process and validated my thoughts about things I was not sure. Thank you Glenn!!! It was great working with you!
I turned to Ball Morse Lowe, PLCC when I needed my mother's estate probated in Oklahoma. It involved mineral rights and I live in California and my mother had not lived in OK for over 60 years. I wanted a firm that would do this correctly and be reasonable in cost. Jennifer Wright was a pleasure to work with. She and her staff were professional, knowledgeable, friendly and helpful. They made the experience of probate painless, explained things as we went along, and were clear in their expectation of what they would need from me to move the process forward. I am so glad I found them and appreciate deeply all they accomplished on my behalf.
Chris Smith is a GREAT attorney! I've worked with him personally and referred him to other people. He went above and beyond for me and the people I recommended work with him.