Protective Orders and Domestic Violence
If you are experiencing or in fear of domestic violence, you need to protect yourself.
You, and by extension your family, deserve a safe environment in which to live and raise your children. In an emergency, you should police protection by calling 911. If you are in process of leaving the person abusing you or your children, you can (and should) seek a protective order.
The family lawyers at our office can and will do everything legally possible to ensure your safety. Our staff at Naidu Law, Family law attorneys will handle your situation with discretion, professionalism and care you can put your trust in.
What Is a Protective Order?
A protective order, which is sometimes referred to as a restraining order, is a court document that orders someone who is stalking, harassing, or otherwise abusing you in some fashion to stop. You may apply for a protective order even if you haven’t yet or even plan on filing any criminal charges. Protective orders can last for up to three years depending on the court’s order and your unique situation.
A protective order offers legal protection from family, household members or other individuals who are abusing or threaten the health, safety and well-being of you or your children. A minor who is at least age 16 may even file for a protective order on his or her own. However, a minor under age 16 needs to have an adult family member file on her or her behalf.
Temporary and Permanent Protective Orders
A judge will initially order an emergency ex parte protective order. This is a temporary order that is in force until your hearing. A permanent protective order can only be issued after a hearing. It can last for up to three years, but may be extended beyond that time if needed.
It is important to note that protective orders do not address nor alter other custody or visitation orders. That said, a judge may be able to help you with an emergency agreement regarding these issues and we can help advocate for this on your behalf. Our family lawyers in OKC can advise you as to the best steps to take to ensure you and your children’s safety.
There is no cost to file for a protective order, in most cases. When filing you will need to provide identification, and you will need to provide information about the alleged abuser on a petition, which is the form you complete in order to request a protective order. We can assist you with completing the petition and making sure everything is in proper order.
The petition will be given to a judge, who will review it. The judge may ask questions. After the judge issues your order, it will need to be served to the other party. The papers must be given in person. We can assist you with finding a server so you do not have to deliver the protective order yourself.
Permanent Protective Order Hearing
Once temporary protective orders are in place, there will be a hearing, which the other party can attend. We can represent you at the hearing and ensure your needs are met. You do not need to go through the legal process alone.
Our family lawyers in OKC are ready to assist you. If you just need help with one aspect of your case, such as filing a protective order, we can work with you. This is called unbundled or limited scope representation. Call us today to find out how we can help at 405-792-2400.