A protective order can help you keep out of harms way from an individual who seems to want to hurt you or someone who has hurt you in the past. A protective order can be easy to come by if you have been harmed before and if there is proof that the individual has hurt you. There are many things that you should consider before seeking a protective order and there are also certain ways that you can go and get a protective order in Oklahoma.
A protection order can be obtained through the county court house. Most police officers carry around a flyer for information related to a protection order for anyone who they think might need one.
How long does a protection order last?
A protection order last up to three years unless it is dropped. The individual who filed the protection order will need to drop it or it will have to be dropped by a judge.
What does a protection order do?
A protection order can keep an individual from coming in contact with you either in person or on the phone. A protection order keeps an individual from stocking you or trying to cause bodily harm or other types of damage.
How can I obtain a protection order?
In order to get a protection order there must be just cause to have one. A person must prove that an individual is a threat to their well being. Once you believe that they are a threat you can go to the county court house and file for a protection order. Once you file for a protection order an emergency hearing will take place shortly after so that both parties can state their case. An attorney is not required to represent you in this matter but sometimes it is better to seek the advice of council than to go at it alone.
What happens in court?
In the court room you will have to wait for the judge to call both parties name. The judge will then ask if the defendant would like to state why they feel that the protective order should not be placed on them. This allows the both parties to argue to the judge the reasons why it should or should not be placed. If you have any evidence, this would be a good time to show it.
What evidence should I have?
You don’t really have to have evidence in some cases as long as you have witnesses. Pictures can say a lot when someone wasn’t there but they need to see the whole story. If you have pictures of bruises or other things such as broken furniture and such then you should defiantly bring them with you. Be warned that the individual that you are going up against might have their own witnesses to state that what you have said never took place or didn’t happen the way that you claimed that it did. If there are a lot of witnesses then the judge might decide either towards you or against you depending on who can give the most compelling argument.
What happens once I win?
If you win the case and get the protective order against this other individual you two will be ordered to stay away from each other for up to three years. A protective order can not only help you but it can also hurt you. If you have a protective order against someone then you must also refrain from contacting them or going places where you know that they will be there. If either party contacts the other then they can face jail time. A protective order can also go on your record and not be a good thing when you are trying to get a certain job and this is why a lot of judges think twice before issuing one.
What happens if I lose?
Life isn’t over just because you lost your case. I would advise that you move or try to stay away from the individual and if they dare step foot on your property then you should call the police to have them removed. Do not try to take the law into your own hands even if you feel threatened. If you feel threatened then try to leave the scene or the home and call the police.
What happens if I do take the law into my own hands?
A lot could happen so you better make sure that you can prove your case. A woman lost her protection order and decided to take the law into her own hands simply because she felt that the law was not on her side and that her ex-spouse was going to kill her. This woman got prison time for murder since they said that the man was not armed even though the women said that he would often use his bare hands as a weapon. Always think before you act and remember that there are consequences for every action that we take.
