Restraining and Protective Orders
When people file for divorce in Oklahoma they feel as though their marriage has run its course, and they did not arrive at this conclusion without going through some upheaval. For this reason you may assume that the divorce courts are full of angry people who are playing out their hostility toward one another in the public arena. Fortunately, this is usually not the case. Most people are quite surprised when they hear that nine out of every ten divorce proceedings are uncontested. This means that by the time the decision to divorce has been made the parties involved are generally capable of communicating pragmatically, cooperatively, and constructively.
However, in a very small percentage of cases a divorce action can take a violent turn and one of the parties can feel threatened. It may be an instance of overstating the obvious, but if you feel as though you are in immediate danger of physical violence the first thing that you should do is call 911. But short of that, if you just want the abusive party to leave you alone you can attempt to obtain a domestic violence protective order.
You would approach the District Court in your county of residence to obtain a domestic violence protective order. Of course the accused will have a chance to tell his or her side of the story before a permanent protective order can be issued. But if you feel you need protection immediately the judge may choose to hand down a temporary protective order “ex parte,” which means without the alleged abuser being present. Subsequent to this the defendant will be notified and a full hearing will be scheduled, usually within fifteen to twenty days of the granting of the temporary order.
Should the protective order be issued the abuser will have to abide by its stipulations, and any violations could lead to a contempt of court charge that could result in a period incarceration.
For legal advice about restraining and protective orders, contact a Lawton OK family attorney to arrange for a free consultation.
