Defending Against a Bogus Protective Order in Okmulgee

Defend Against a Bogus Protective Order

Defending against a bogus protective order can feel like an insurmountable legal battle. In Okmulgee, protective orders are legal tools there to prevent harassment, abuse, or violence. However, there are instances where such orders are sought based on exaggerated, misleading, or entirely false allegations—often referred to as “bogus” protective orders. Being on the receiving end of a bogus protective order can have significant legal and personal consequences. Here, we’ll discuss exactly what this means for you and some of the next steps you can take when defending yourself against a bogus protective order.

What a Protective Order Entails

A court issues a protective order, also known as a restraining order, to protect a person. This is often from being harassed, threatened, stalked, or physically harmed. It typically prohibits the alleged abuser from contacting or coming near the petitioner, aka the person that filed for the order. As a result of this, if the court grants the protective order, it can last years or a lifetime. Further, you automatically lose your gun rights in a protective order. Thus, if you feel that the protective order shouldn’t have been issued against you, you need to act quickly to fight it.

Actions to Take Against a Bogus Protective Order

After learning of a bogus protective order against you, there are a few steps you need to take:

  1. Do Not Violate the Order: Even if you believe the reasoning for the order is false, comply with all its terms. Violating a protective order can result in criminal charges and make it more difficult to fight the allegations.
  2. Do Not Post About It: Posting on social media can be seen as harassing the petitioner. It’s important to not give the other person any ammo to use against you.
  3. Gather Evidence: Compile any evidence that disproves the claims made against you. This can include text messages, emails, witness statements, or any documentation that demonstrates the nature of your relationship or the circumstances around the alleged incidents.
  4. Document Interactions: Keep a detailed log of any interactions with the petitioner, particularly if they attempt to contact you.

Besides these steps, contacting a qualified attorney for help is crucial. They can make you aware of any other steps you need to take based on your specific situation. Additionally, they can contact the petitioner and issue discovery requests. These requests require the petitioner to answer specific questions and provide documentation on the matter.

Legal Strategies for Defending Against a Bogus Protective Order

When you’re fighting against this protective order, there are different options you have for a defense. For example, If the petitioner has a motive to lie (such as during a custody battle, divorce, or other legal disputes), highlighting this can be a defense. This includes presenting evidence of past dishonesty or manipulative behavior. Further, you can demonstrate that you did not pose a threat to the petitioner’s safety. You can support this through witness testimonies or evidence depicting your lack of violent history or confrontations.

Consulting with an attorney who specializes in protective order cases is your best defense. A lawyer can guide you through the process, help gather and present evidence, and represent you in court hearings. While the process can seem impossible, with strong evidence and guidance, you have a chance of fighting it.

Court Hearings and Legal Proceedings

When trying to defend against a bogus protective order, there are a few different hearings that you will need to take part in. The Preliminary Hearing in Okmulgee County is your first opportunity to fight against the protective order. Be ready to present your initial evidence and arguments against the issuance of a permanent order. If the preliminary hearing doesn’t dismiss the protective order, the court will schedule a full hearing. This is where both parties can present more thorough evidence and witness testimonies. Your attorney can cross-examine the petitioner and challenge their allegations. Your attorney will walk you through the hearings process and let you know what to expect ahead of time.

Okmulgee Protective Order Attorneys

Defending against a bogus protective order in Okmulgee requires strong evidence and legal guidance. By following every step and all of the terms of the protective order, you will have your best possible chance at getting the court to dismiss the order. The best chance of defending yourself against a bogus protective order is disproving the claims made against you. If you’re dealing with a bogus protective order, our team at Okmulgee Lawyers can help. For a free and confidential consultation with one of our protective order attorneys, call us at 918-621-8083 or click here to ask a free online legal question. To learn about other legal topics, check out our Okmulgee law blog.