A protective order’s purpose is to stop continuing threats of harassment, stalking and abuse of an individual. When it comes to family and other domestic law cases, a protective order is easy to obtain. The individual requesting the order just needs to demonstrate a few things. These include: a domestic relationship exists between the parties and that the requesting party has demonstrated to the judge that harassment, stalking or abuse has happened and will continue to happen.
Protective Order Abuse in Tulsa County:
Unfortunately the ease of granting protection orders results in abuse of the process. Often times a protection order grants after the filing of a family law matter involving child custody. While a protective order grant temporarily suspends visitation and child custody, the Oklahoma law specifically states a protective order “shall not in any manner affect title to real property, purport to grant to the parties a divorce or otherwise purport to determine the issues between the parties as to child custody, visitation or visitation schedules, child support or division of property or any other like… except child visitation orders may be temporarily suspended or modified to protect from threats of abuse or physical violence by the defendant or a threat to violate a custody order”.
Protective Orders in Divorce and Custody Cases:
What this means, is that if there is a pending divorce or paternity matter, or if the parties intend to file such actions, then the protection order continues on a temporary basis until it can consolidate with the underlying case (the divorce or paternity action), so that the protection order and a temporary order regarding custody and visitation can occur at the same time. Additionally, the party filing will likely be instructed that if they wish to continue withholding custody and visitation, that they will need to file an emergency custody order, which has much more difficult requirements to meet.
Parties eventually agree to dismiss the protection order or a judge decides no emergency or evidence requires a protection order. However, just because the protection order receives dismissal does not mean that it is off an individual’s records. A dismissed protection order will show up on internet court docket records and will show up on background checks. This can be devastating for future employment.
Protective Order Expungement Rules:
Luckily, Oklahoma law provides that protection orders may expunge from an individual’s record. Pursuant to Oklahoma protective order expungement law, in order to for a protection order to receive expungement, one of four conditions must first occur:
1. An ex parte order was issued to the plaintiff but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;
2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;
3. The plaintiff or defendant receive a vacate notice of the order and three (3) years pass since the order to vacate enters; or
4. The plaintiff or defendant is dies.
Further, the party requesting the protective order expungement must give proper notice to the other involved parties. The appropriate county’s district attorney’s office must also receive notification. From there a hearing sets and the requesting party must demonstrate that:
- The “victim” does not object to the protective order expungement
- The district attorney does not object to the protective order expungement; and
- That the harm to the privacy of the requesting party or dangers of unwarranted adverse consequences outweigh the public and safety interests of the parties to the protective order in retaining the records.
Call A Tulsa Expungement Attorney:
Our Tulsa Lawyers help you get protective order expungement or any other criminal record expungement necessary. For more info: Call Tulsa County Lawyers Group today for a free consultation in Tulsa Oklahoma.