Protective order information can help you understand the process in Rogers County. A victim of domestic violence or threats of domestic violence may seek relief under the Protection from Domestic abuse act. He or she must be a victim of domestic abuse, stalking, harassment or rape. Further, an adult or emancipated minor or dependent household member, may seek a victim protective order in Rogers County. The person seeking relief may petition for a protective order. This must be with the district court in the county in which the victim or defendant resides, or where the domestic violence occurred.
Protective order information tells us that if the person seeking relief is a victim of stalking, but the actor is not family or a household member or has not been in a dating relationship with the victim, he or she must file a complaint against the actor with the police before filing a petition for a protective order with the district court. The victim shall provide a copy of the complaint when filing the petition for the protective order. If you need to file a Protective Order in Rogers County or need additional protective order information call us today.
In order for the Judge to enter the protective order you will have to show up to the court and present evidence c to the Judge regarding the emergency. There generally two hearings held in a Protective order in Rogers County cases. The first appearance you make is ex-parte. An ex-parte hearing is when just you alone show up to court . The Judge will ask you some questions. They intend get an explanation on why to grant the ex-parte order of protection.
Once the initial hearing is held the party for which the temporary order is granted against is served the temporary protective order. In the service of the protective order there is an appearance date. Both parties appear and put on facts and evidence as to why the order of protection should be permanent. This trial can occur either with or without either party having an attorney. The hearing is a full on evidentiary hearing. Both parties can bring witnesses and also question the other parties witnesses.
Can my Children be Added to the Protection order:
Oklahoma statues are clear on this. A protection order cannot establish either temporary or permanent custody of a child. If the court determines the child is also facing immanent risk of harm, the court includes them in the order. In particular, the judges presiding over Rogers County protective orders, take this kind of act very seriously.
Protective Orders and Divorce or Paternity Cases:
If you file for a divorce or paternity action and a protective order in Rogers County is against you the courts will consolidate the two cases. This means that the protective order along with the family law case assigns to a Family court Judge. This judge will preside over both cases. Many times the Judge will require the moving party to prove up their request for the protective order as it relates to the minor child. This is because Oklahoma law doesn’t favor keeping the parents and children away from each other. There is an exception if some sort of emergency situation exists which places the child in danger.
Contact a Rogers County Protective Order Attorney:
If you are the victim of domestic violence or need Protective Order help in Rogers Count your Claremore attorneys can help. We have both defended those that are the victims of false protection orders and others who are victims of domestic abuse. Call Today! 918-379-4872