Oklahoma Does Not Allow Children to Stay on an Emergency Protective Order
Video Transcribed: Hello, my name is Jason Lile, and I am a Tulsa Dads Rights Lawyer. And I wanted to go over an issue that comes up often in contentious divorce litigation or fraternity litigation. That’s protective orders. If you, as a man, have been served with a protective order, and at the same time, you might be going through a divorce or separation, or your partner hasn’t informed you they want a divorce or separation, they just filed a protective order, you definitely need legal help. And here’s why.
When you get served an emergency protective order, the law does not allow you to contact your ex. If the children are with her or the child is with her by virtue of effect, it means you aren’t going to be able to contact your child or your children.
Oftentimes the woman will put the children on the protective order as well. Well, Oklahoma law does not allow children to stay on an emergency protective order unless there’s an underlying family law case that they can consolidate that protective order with.
So what that means is that she will file a protective order, and have the kids on it. The very first time you go to the protective order hearing, and you’re expecting to have a result that it should be dismissed because you feel like it’s nonsense or frivolous, all that’s going to happen is there’s going to be an announcement that she’s going to file for a divorce or an emergency custody. And you get a new date. That can be very frustrating for my male clients.
So good lawyers should be able to inform you how to shortcut that process, and how to speed it up so that you get to see your children sooner. And also how to vigorously defend you against a frivolous protective order. You need to start gathering the evidence that you have, that what she says happened didn’t happen.
Or if it did happen, look, sometimes things happen, sometimes you’ve done something you regret and it’s earned you a protective order, emergency protective order, then a good lawyer should be able to tell you how to rehabilitate you from that situation as much as possible and get you back on track with seeing your children as soon as possible. There are things that can be done.
So if you’ve been served with a protective order and you aren’t going through a divorce yet, or you are, or you aren’t going through a separation and paternity suit yet, or you are, and you have any questions about that situation, please feel free to contact the Tulsa Protective Order Attorney for Men at Dads.Law.