As summer approaches in Tulsa, many co-parents find that their existing child custody agreements may not fully address the changing needs of their children — or their own summer plans. Whether it’s accommodating vacations, adjusting to new work schedules, or planning extended visits with out-of-town family, summer often brings new dynamics that might require a child custody modification in Tulsa of your custody arrangement.

Fry & Elder and its team of accomplished Tulsa family law attorneys explore a hypothetical scenario that highlights how and why a child custody modification in Tulsa might be needed, and how Tulsa courts typically handle these requests.

A Hypothetical Summer Situation

Imagine this: Sarah and Mark share joint custody of their 10-year-old son, Ethan, under a standard week-on/week-off parenting plan ordered by the Tulsa County District Court. During the school year, the arrangement works well. But now, it’s June, and Sarah has been offered a temporary teaching opportunity in Colorado that lasts for six weeks. She wants to take Ethan with her, arguing it’s a great learning experience and promises to make up Mark’s parenting time later in the summer.

Mark, on the other hand, has just started a new job and can’t afford to travel to visit Ethan. He’s concerned about being separated for such a long stretch and worries the arrangement may set a precedent.

What can Sarah and Mark do?

Child Custody Modification in Tulsa: Legal Considerations

In Oklahoma, custody modifications—whether temporary or permanent—require court approval if they deviate from the standing court order. A parent cannot unilaterally change the terms, even temporarily, without risking a legal challenge.

For Sarah to legally take Ethan to Colorado for six weeks, she and Mark could do one of the following:

1. Agree to a Temporary Modification in Writing
   If Mark agrees, they can file a stipulated agreement with the court outlining the temporary change and how make-up parenting time will be handled. Courts generally approve these if both parents are on board and it serves the child’s best interest.
   
2. Request a Formal Modification Hearing
   If they cannot agree, Sarah can file a motion to modify the custody order. The court will evaluate whether the proposed change serves Ethan’s best interest and whether there’s a material change in circumstances. In this case, the court will consider factors such as educational benefits, the impact on Mark’s relationship with Ethan, and Ethan’s own preferences, depending on his maturity.

Best Interests of the Child: Always the Priority

Oklahoma courts base all custody decisions on what serves the child’s best interests. This includes:

• The emotional ties between child and parent
  
• The stability of the home environment
  
• The parents’ ability to cooperate
  
• The child’s adjustment to home, school, and community
  

In our scenario, if the court believes Ethan will benefit from the experience in Colorado without unduly harming his relationship with Mark, it might approve a temporary change — with certain safeguards.

Tips for Parents Facing Summer Custody Conflicts

• Plan Early: Courts get busy in the summer. If you anticipate changes, start the legal process well in advance.
  
• Put Agreements in Writing: Even informal changes should be documented and ideally filed with the court.
  
• Consider Mediation: If disputes arise, mediation can offer a quicker, less adversarial way to find compromise.
  
• Always Focus on the Child: Judges look for solutions that center on the child’s stability, emotional health, and routine.
  

Need Help with a Summer Custody Modification in Tulsa?

Custody issues can be especially complex during the summer months. If you’re facing a situation like Sarah and Mark’s, it’s wise to consult an experienced family law attorney in Tulsa. Whether you need help negotiating a fair agreement or petitioning the court, legal guidance can ensure your child’s needs—and your rights—are protected.

Why Experience the Fry & Elder Difference

When it comes to family law in Tulsa and Oklahoma, it is hard for any firm to match Fry & Elder’s history and accomplishments in divorce, child custody, and child support issues that might surface.

For nearly 100 years, Fry & Elder has embodied Oklahoma family law excellence since first opening its doors in 1932. The firm features an elite team of experienced attorneys, well-versed and knowledgeable in all family law issues, including a child custody modification in Tulsa. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.

If you or someone you know is considering a child custody modification in Tulsa, contact Fry & Elder today to set up a personal consultation.

A Tulsa probate lawyer is essential to protect assets, move the process along, comply with Oklahoma law, minimize family conflict, and safeguard the personal representative. 

For nearly 100 years, the Tulsa law firm of Fry & Elder has embodied legal excellence and our team of attorneys are well-versed in navigating the nuances and legal landmines of Oklahoma probates. Below is a hypothetical of a Tulsa resident who benefited from hiring an experienced Tulsa probate lawyer. 

The Scenario

Tom B., a 52-year-old contractor in Tulsa, lost his mother unexpectedly. She had no will (“intestate”), and Tom was unsure how to handle her small estate, which included a modest home, some personal property, and a few outstanding medical bills.

At first, Tom thought he could simply take care of everything informally, but when he tried to sell his mother’s house, the title company informed him that without a court order or Letters Testamentary, he had no legal authority to transfer ownership. He quickly realized he needed legal help to navigate Oklahoma’s probate requirements.

Tom hired a Tulsa probate lawyer, who immediately proved invaluable because:

• Understanding of Oklahoma’s “Small Estate Affidavit” law:
  The attorney explained that, because the estate’s total value was under Oklahoma’s threshold (currently $50,000), Tom could possibly use a Small Estate Affidavit instead of a full probate. This saved him months of court time and significant expenses.
  
• Knowledge of Oklahoma’s intestacy laws:
  Because there was no will, the attorney helped Tom understand who legally inherited under Oklahoma law (primarily Tom and his siblings) and prevented potential fights by clarifying everyone’s rights from the start.
  
• Navigating Oklahoma’s specific court procedures:
  Oklahoma has unique notice and publication requirements for probate, and the attorney handled drafting, filing, and publishing the necessary notices so Tom didn’t miss deadlines or risk court rejection.
  
• Resolving title issues:
  Oklahoma’s rules about real property transfers after death are technical. The attorney prepared the right documents to transfer the house’s title correctly, satisfying the title company so Tom could eventually sell it.
  

In the end, the attorney’s expertise in Oklahoma probate law turned what could have been a stressful, confusing, year-long court ordeal into a much faster, smoother process, letting Tom focus on caring for his family.

Expanding on the Need for a Tulsa Probate Lawyer

Probate attorneys are needed in Tulsa — and more broadly across Oklahoma — for several important reasons:

1. Oklahoma Probate Law is Complex and Highly Technical
Even relatively “simple” estates must follow specific court procedures. These include filing petitions, notifying heirs and creditors, publishing notices in newspapers, attending court hearings, and securing court orders before assets can be transferred. 

A probate attorney knows how to properly handle all of these steps and avoid mistakes that could delay or derail the process.

2. Real Estate and Mineral Rights Issues Are Common
In Tulsa and much of Oklahoma, estates often involve land, homes, and oil and gas mineral rights.

Transferring ownership of real property after death isn’t automatic — you usually need a probate court order. Mineral rights, in particular, require careful legal handling because they are considered separate property under Oklahoma law. Probate attorneys know how to clear title issues and protect valuable rights that heirs might not even realize exist.

3. Contested Estates and Family Disputes
It’s sadly common for family members to argue about wills, inheritance shares, or even the validity of a will. A probate attorney can defend against challenges, negotiate settlements, and represent the estate or an individual heir in probate litigation to make sure the decedent’s wishes are honored.

4. Protection Against Personal Liability
The executor (or “personal representative”) of an estate can be personally liable for mistakes — like distributing money before debts are paid, or missing a creditor’s claim. A probate lawyer protects the executor by ensuring the proper legal steps are taken to avoid lawsuits or financial penalties.

5. Small Estates Still Have Rules
Even when an estate qualifies for Oklahoma’s Small Estate Affidavit process (under $50,000), the paperwork must be completed correctly, and title companies or banks often demand an attorney’s involvement to feel comfortable releasing assets.

6. Faster and More Efficient Process
Probate in Tulsa County usually takes at least 6–12 months if not handled properly. A skilled attorney can often speed things up significantly by avoiding common procedural errors, reducing court delays, and even proposing alternative processes like summary probate where available.

7. Estate Taxes and Creditor Claims
While Oklahoma no longer has a state estate tax, federal tax filings might still be needed for larger estates. Plus, creditors must be properly notified and dealt with, or they can come after heirs later.

An attorney ensures all debts, taxes, and fees are handled so the heirs truly receive a “clean” inheritance.

Why Experience the Fry & Elder Difference

Since opening its doors in 1932, Fry & Elder has been a hallmark of Tulsa legal excellence. 

The firm features an elite team of experienced attorneys, well-versed and knowledgeable in probate and estate law. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014 

Contact Fry & Elder today to set up a personal consultation with a knowledgeable Tulsa probate attorney.

Memorial Day weekend in Tulsa is typically filled with barbecues, lake outings, and celebrations honoring those who served. Good times are generally had by all involved during the long weekend, but sometimes things happen, specifically when alcohol comes into play and the need for a Tulsa Memorial Day DUI defense attorney arises. 

Memorial Day weekend is one of the most patrolled weekends of the year by Oklahoma law enforcement agencies with the simple goal of keeping Oklahoma roads safe. One of the more common tactics to negate drinking and driving is by establishing DUI or road sobriety checkpoints that are frequent during Memorial Day weekend. 

If you or someone you know finds themselves in a precarious position after being pulled and arrested for DUI, it is imperative that they contact a Tulsa Memorial Day DUI defense attorney immediately.  

A Weekend Gone Wrong

Take the following hypothetical for one local resident – let’s call him Jake. His long weekend turned into a legal nightmare that he never anticipated – one that required him to contact a Tulsa Memorial Day DUI defense attorney. 

Jake had planned a relaxing weekend with friends at Keystone Lake. The plan was simple: unwind, enjoy some beers, and take Monday to recover before heading back to work. But on Sunday evening, while driving back into Tulsa, Jake was pulled over at a DUI checkpoint near the IDL (Inner Dispersal Loop). Officers noted the smell of alcohol and asked Jake to step out of the vehicle. After a field sobriety test and a breathalyzer, Jake was arrested for driving under the influence.

What Jake didn’t realize is that Memorial Day weekend is a heavily patrolled holiday in Oklahoma. Law enforcement agencies across Tulsa County step-up their efforts with increased checkpoints, saturation patrols, and a zero-tolerance approach to impaired driving.

The Legal Fallout

Being charged with a DUI in Oklahoma is a serious matter. Jake was facing:

• A possible license suspension
  
• Hefty fines and court costs
  
• Mandatory alcohol education classes
  
• Potential jail time
  
• A permanent mark on his record
  

And all of this from one mistake during what was supposed to be a weekend of fun.

Finding the Right DUI Defense Attorney

Jake’s first move was to contact a Tulsa Memorial Day DUI defense attorney—a crucial step in navigating the complex legal process. His lawyer quickly began reviewing the circumstances of the arrest, including the legality of the checkpoint, the calibration of the breathalyzer device, and whether the officer had probable cause to initiate the test.

In many DUI cases, small details can make a big difference. An experienced attorney knows how to challenge evidence, negotiate with prosecutors, and—when appropriate—fight for reduced charges or even case dismissal.

Lessons Learned

Jake’s story is hypothetical, but it mirrors what many face each year. The takeaway? If you’re pulled over and charged with DUI in Tulsa during a holiday weekend, time is not on your side. Contacting a qualified DUI defense lawyer immediately can make all the difference in protecting your rights and your future.

Be Smart, Be Safe

Memorial Day should be a time of remembrance and connection—not regret. Plan ahead, designate a sober driver, and know your rights. But if you or someone you know finds themselves in a situation like Jake’s, don’t wait. A knowledgeable Tulsa DUI attorney can help guide you through the storm and fight for the best possible outcome.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa Memorial Day DUI defense attorney.

Marriage is one of life’s most significant commitments, and while love and trust are the foundation of any relationship, financial clarity is equally important. A prenuptial agreement (prenup) is a legal tool that can protect both partners by defining financial rights and responsibilities before marriage. 

Although the idea of a prenuptial agreement might be initially uncomfortable for many, the reality is that couples should be open to discussing financial concerns that could arise should their partnership end due to an unfortunate event. Furthermore, drafting a prenup without legal guidance can lead to costly mistakes and disputes in the future. Fry & Elder’s team of attorneys highlights why consulting with an experienced Tulsa prenuptial agreement attorney is essential when creating a prenup.

1. Ensures Compliance with Oklahoma Law

Oklahoma law governs the enforceability of prenuptial agreements, and without proper legal guidance, a prenup can be deemed invalid. Attorneys ensure the agreement meets all state requirements, including:

• Full financial disclosure from both parties
  
• Fair and reasonable terms
  
• Proper execution, including written form and notarization

A poorly drafted prenup can be challenged in court, leading to costly litigation. An attorney ensures your agreement stands up to legal scrutiny.

2. Customizes the Agreement to Your Needs

Every couple’s financial situation is unique. A generic or template-based prenup may not address your specific concerns. A Tulsa prenuptial agreement attorney will tailor the agreement to fit your needs, including:

• Protection of individual assets and businesses
• Debt allocation to prevent one spouse from inheriting the other’s financial liabilities
• Spousal support (alimony) arrangements
• Plans for retirement accounts, real estate, and inheritances
  

By working with an attorney, you get a legally sound prenup that reflects your financial priorities and personal circumstances.

3. Reduces Future Legal Disputes

A well-drafted prenuptial agreement minimizes the risk of lengthy and expensive legal battles in the event of a divorce. Without an attorney’s guidance, unclear language or unfair provisions could lead to disputes that may invalidate parts of the agreement. An experienced attorney ensures the contract is clear, fair, and enforceable.

4. Prevents One-Sided Agreements

Prenups must be fair to both parties. If an agreement is overly one-sided, a judge may rule it invalid. A lawyer ensures that both spouses enter the prenup voluntarily and that the terms are reasonable. Legal counsel for both parties is often recommended to prevent future claims of coercion or unfair advantage.

5. Provides Legal Protection for Children and Heirs

If you have children from a previous marriage, a prenuptial agreement can protect their inheritance rights. An attorney can help structure the agreement to ensure that specific assets remain designated for your children, safeguarding their financial future.

6. Facilitates Honest Financial Discussions

Many couples avoid discussing finances before marriage, which can lead to conflicts later. Consulting an attorney encourages full financial transparency, helping couples have open conversations about debts, assets, and financial expectations before saying “I do.”

7. Saves Time and Money in the Long Run

While hiring an attorney requires an upfront cost, it saves money in the long run by preventing legal disputes and ensuring financial clarity. A poorly drafted or contested prenup can lead to expensive court battles. Investing in legal counsel from the start helps avoid future financial stress.

Why Experience the Fry & Elder Difference

When it comes to family law in Tulsa and Oklahoma, it is hard for any firm to match Fry & Elder’s history and accomplishments in divorce, child custody, and child support issues that might surface.

For nearly 100 years, Fry & Elder has embodied Oklahoma family law excellence since first opening its doors in 1932. The firm features an elite team of experienced attorneys, well-versed and knowledgeable in all family law issues, including the importance of prenuptial agreements. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.

A prenuptial agreement is more than just a legal document — it’s a financial safeguard that provides peace of mind for both spouses. However, to ensure the agreement is legally enforceable and tailored to your needs, consulting with a qualified Tulsa prenuptial agreement attorney is essential. A legal expert will guide you through the process, ensure compliance with Oklahoma law, and protect your financial future.

Before you walk down the aisle, take the time to consult with a Tulsa family law attorney to create a fair, comprehensive, and legally sound prenuptial agreement—one that benefits both you and your future spouse. Contact Fry & Elder today to set up a personal consultation.

The political and legal landscape is changing. One example of this came when President Trump issued a sweeping executive order (EO) earlier in the year to end illegal discrimination and restore merit-based opportunity. 

The EO directs the Office of Federal Contract Compliance Programs (OFCCP) to cease promoting diversity, holding federal contractors responsible for taking “affirmative action,” and allowing or encouraging contractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin. 

While the EO ends affirmative actions based on race and sex, it does not change existing prohibitions on discrimination in employment, including Title VII of the Civil Rights Act of 1964. Title VII prohibits employment discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information, per the Oklahoma.gov website.   

Workplace discrimination remains a serious issue that can have profound effects on employees and businesses alike, making it imperative to consult with an experienced Tulsa employment law attorney. 

The attorneys of Fry & Elder understand the legal boundaries of workplace discrimination and employment law and have put together a real-life hypothetical of someone who believes she was wrongfully terminated due to gender discrimination in Tulsa.  

The Case of Sarah: A Hypothetical Lawsuit

Sarah worked for a mid-sized Tulsa-based tech company for five years. She had an excellent track record, received promotions, and was well-respected by her colleagues. However, after reporting a pattern of unequal pay between male and female employees, she noticed a change in management’s behavior. Suddenly, her performance reviews became negative, and she was eventually terminated under the pretext of “restructuring.”

Feeling that she was fired in retaliation for speaking out about gender discrimination, Sarah decided to take legal action. But navigating employment law is complex, and consulting an experienced Tulsa employment law attorney became essential.

Why Consulting with a Tulsa Employment Law Attorney Is Crucial

1. Understanding the Law
   Employment discrimination cases in Oklahoma fall under federal laws like Title VII of the Civil Rights Act and state-specific protections. A lawyer can help determine whether Sarah’s termination violated these laws.
   
2. Gathering Evidence
   Proving workplace discrimination requires substantial evidence. A lawyer can guide Sarah in collecting emails, performance reviews, witness testimonies, and other documentation that supports her claim.
   
3. Filing the Proper Complaints
   Before suing, Sarah must file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Oklahoma Human Rights Commission. An attorney ensures this is done correctly and within legal timeframes.
   
4. Negotiation and Settlement
   Many discrimination cases settle before trial. An experienced attorney can negotiate with Sarah’s former employer to reach a fair settlement, potentially avoiding a lengthy court battle.
   
5. Litigation and Trial
   If negotiations fail, taking the case to court may be necessary. A skilled employment lawyer will represent Sarah, argue her case, and present compelling evidence to a judge or jury.

Why Experience the Fry & Elder Difference

Workplace discrimination cases are legally complex and emotionally taxing. Whether you’re an employee like Sarah or an employer facing an allegation, seeking legal counsel from an experienced Tulsa employment law attorney early can make all the difference. If you believe you’ve been discriminated against at work in Tulsa, consulting with an employment attorney is a crucial first step toward justice.

For nearly 100 years, Fry & Elder has embodied Oklahoma legal excellence since opening its doors in 1932. Fry & Elder features an elite team of experienced attorneys in successful protective order defense. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. 

Contact Fry & Elder today to set up a personal consultation with an experienced Tulsa employment law attorney.

Planning for the future is an essential step in ensuring that your assets are distributed according to your wishes after you pass away. A last will and testament is the primary legal document that dictates how your estate will be handled. While there are do-it-yourself options available, consulting with an experienced Tulsa estate planning attorney offers significant advantages that can help you avoid legal pitfalls and protect your loved ones. 

Fry & Elder’s team of attorneys are both knowledgeable and experienced in helping navigate one through the legal landscape of Tulsa estate planning and developing a concrete last will and testament. Here’s why legal guidance is essential when drafting your will in Oklahoma.

1. Compliance with Oklahoma State Laws

Each state has specific laws regarding the creation and execution of a valid will. Oklahoma law requires that a will be:

• Created by a person who is at least 18 years old and of sound mind
• Signed by the testator (the person making the will)
• Witnessed by at least two individuals who are not beneficiaries

An attorney ensures your will meets all these legal requirements, reducing the risk of it being contested or invalidated in probate court.

2. Avoiding Common Pitfalls and Disputes

A poorly drafted will can lead to confusion, legal battles, and even family disputes. Oklahoma courts may need to interpret unclear provisions, leading to unintended consequences. A lawyer ensures that your wishes are clearly documented and legally enforceable, preventing misunderstandings among your heirs.

3. Addressing Complex Financial and Family Situations

If you own a business, have a large estate, or have blended family dynamics, a basic will may not be sufficient. A Tulsa estate attorney can help with:

• Business succession planning
• Providing for minor children or special needs dependents
• Setting up trusts to manage wealth distribution
• Minimizing estate taxes and probate complications

4. Protecting Your Loved Ones with Guardianship Provisions

If you have minor children, your will should designate a guardian to care for them in the event of your passing. Without this provision, the court will decide who gains custody, which may not align with your wishes. An attorney can help you choose the best guardian and structure financial support for your children’s future.

5. Reducing Probate Costs and Delays

Oklahoma’s probate process can be time-consuming and expensive. While a will does not avoid probate, an attorney can suggest strategies such as revocable living trusts or transfer-on-death deeds to streamline the process and reduce costs for your heirs.

6. Keeping Your Will Updated

Life changes—marriage, divorce, the birth of children, or financial changes—necessitate updates to your will. An attorney can review your estate plan periodically to ensure it reflects your current wishes and complies with any new laws in Oklahoma.

7. Peace of Mind

Perhaps the most important reason to consult an attorney is the peace of mind it provides. Knowing that your estate is in order and that your loved ones will be taken care of according to your wishes allows you to focus on the present without worrying about the future.

Final Thoughts

A last will and testament is more than just a legal document — it’s a critical tool to safeguard your family’s future. While it may be tempting to use an online template, the risks of errors and legal challenges outweigh the cost of professional guidance.

If you’re ready to take the next step in estate planning, consulting with a Tulsa estate planning attorney is the best way to ensure that your will is legally sound, properly executed, and aligned with your specific needs.

Need Help Drafting Your Will in Oklahoma?

Fry & Elder’s accomplished team of attorneys are here to help you through every step of the process. Contact one of our experienced Tulsa estate planning attorneys today to discuss your options and create a customized plan that provides security for your loved ones.

School bullying in Oklahoma continues to be a prevalent issue many Oklahoma secondary school students – particularly those between seventh and twelfth grades – face. 

One recent report noted a 2023 study which indicated that “Oklahoma had the ninth-highest rate of bullying. Nearly 1 in 5 students experienced bullying, which was defined as spreading rumors, using insults and committing violence.”

The attorneys of Fry & Elder empathize with those victims and their families who have experienced school bullying – be it in the form of physical bullying or cyberbullying. 

Bullying in schools is a serious issue that can have long-lasting effects on a child’s mental health, academic success, and overall well-being. In Oklahoma, schools are required to implement anti-bullying policies, but too often, these policies are not enforced effectively. If your child has been a victim of bullying and the school has failed to take proper action, hiring an attorney may be the best course of action, and our attorneys have had a history of success in Oklahoma school bullying incidents.

Below are some telltale signs as to when it would be in your family and child’s best interest to reach out to a proven and experienced Oklahoma school bullying attorney. 

Schools May Fail to Protect Victims

Despite laws requiring schools to address bullying, many institutions fail to act appropriately. Administrators may downplay incidents, ignore complaints, or blame the victim instead of holding the bully accountable. An attorney can help ensure that the school follows state laws and its own policies in protecting your child.

Holding the School Accountable

Oklahoma law mandates that public schools have policies against bullying, but enforcement varies. If a school is neglecting its duty, an attorney can file a complaint with the school district, the Oklahoma State Department of Education, or even pursue legal action to hold the school accountable for failing to provide a safe learning environment.

Protecting Your Child’s Rights

Bullying can escalate to physical violence, harassment, or even discrimination based on race, gender, sexual orientation, or disability. In such cases, legal protections may be available under federal laws such as Title IX or the Americans with Disabilities Act (ADA). An attorney can help determine if your child’s rights have been violated and take appropriate legal action.

Seeking Compensation for Emotional and Physical Harm

If bullying has caused your child physical injuries, emotional distress, or academic setbacks, you may be entitled to damages. A lawyer can help you seek compensation for medical bills, therapy costs, and other expenses related to the bullying incident.

Advocating for Policy Changes

Sometimes, a single legal case can lead to broader policy changes within a school district. By taking legal action, you may help create safer environments for other students and ensure that schools take bullying more seriously in the future.

When to Contact an Attorney

No child should have to endure bullying alone. Hiring an attorney can be the first step toward justice, safety, and healing.

If your child has been bullied and the school has failed to respond appropriately, it may be time to consult a school bullying attorney. Look for legal professionals in Oklahoma who focus in education law or personal injury cases related to bullying. The sooner you act, the better you can protect your child’s future.

Why Experience the Fry & Elder Difference

For nearly a century, our attorneys at Fry & Elder have successfully fought for our clients since the firm was established in 1932. 

The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Preparation and the desire to give our clients the best representation possible are the motivating factors that enable us to be better informed and prepared than other attorneys. Contact Fry & Elder today to set up a personal consultation with an attorney well-versed in navigating the landscape of school bullying in Oklahoma.

Protective orders are on the rise in Oklahoma, sometimes putting innocent parties or those charged with a false protective order in very precarious positions. Though fighting a false protective order in Oklahoma and winning a counterclaim may seem daunting, it is entirely possible with the help of a skilled and experienced protective order defense attorney.

The 2023 Oklahoma Domestic Violence Fatality Review Board noted that 20,356 protective orders were filed in Oklahoma in 2022 – a 6.1% increase from 2021. While protective orders are necessary legal defense tools to guard victims of perpetrators, they can also be used as leverage in family law and domestic disputes. 

The Tulsa family law firm of Fry & Elder is experienced in helping clients successfully defend a false protective order. This post provides an applicable hypothetical step-by-step guide of how one Tulsa resident successfully fought a false protective order and won a counterclaim.    

The Hypothetical Scenario

When Michael was served with a protective order, he couldn’t believe what he was reading. The allegations of harassment and threats were completely false, and the petitioner, a former romantic partner, was using the legal system to harm his reputation and gain an advantage in a custody dispute.

Determined to clear his name, Michael embarked on a step-by-step process to fight the false protective order—and his strategic efforts led to the dismissal of the order and a successful counterclaim. Here’s how he did it.

The steps taken

Step 1: Hire an Experienced Attorney

Michael’s first move was hiring an attorney in Tulsa with experience in protective order cases. His attorney explained the seriousness of the situation and walked him through the legal process.

“Having someone who knew the law inside and out was a game-changer,” Michael later said. “They kept me focused and helped me build a strong case.”

Step 2: Review and Analyze the Allegations

Michael and his attorney carefully reviewed the petitioner’s claims, noting several inconsistencies and vague accusations. This analysis helped them identify weak points in the petitioner’s case, such as a lack of evidence and conflicting dates in their timeline.

Step 3: Gather Evidence

To build his defense, Michael compiled evidence that directly contradicted the allegations:

• Digital Communication: Text messages and emails showed no signs of harassment or threats and instead painted a picture of routine, civil interactions.
• Witness Statements: Friends and family members were able to testify that Michael had never exhibited threatening behavior.
• Surveillance Footage: Video from a local coffee shop proved that Michael was not at the location where one of the alleged incidents supposedly occurred.
• Social Media Posts: Posts from the petitioner during the time of the alleged incidents demonstrated inconsistencies in their claims.

Step 4: Establish the Petitioner’s Motive

Michael’s attorney uncovered evidence that the protective order was part of a broader strategy in a custody battle. The petitioner had previously attempted to file baseless claims against Michael in family court, which strengthened his case that the protective order was filed in bad faith.

Step 5: Comply with the Temporary Protective Order

While preparing for the hearing, Michael strictly adhered to the terms of the temporary protective order. This demonstrated to the court that he respected the legal process and took the allegations seriously, even though they were false.

Step 6: Prepare for the Hearing

Michael and his attorney practiced his testimony, ensuring he was ready to present a calm and factual defense. They also prepared their witnesses and organized evidence for easy presentation in court.

Step 7: Present the Defense in Court

At the hearing, Michael’s attorney systematically dismantled the petitioner’s case:

• They highlighted inconsistencies in the petitioner’s testimony.
• Witnesses testified on Michael’s behalf, supporting his character and refuting the allegations.
• Key evidence, including surveillance footage and communication records, directly contradicted the petitioner’s claims.

When it was time to address the counterclaim, Michael’s attorney presented evidence of the petitioner’s harassment and abuse of the legal system.

Step 8: The Judge’s Ruling

After hearing both sides, the judge dismissed the protective order against Michael, citing a lack of credible evidence. The judge also ruled in favor of Michael’s counterclaim, granting him a protective order against the petitioner and awarding him compensation for legal fees and emotional distress.

Key Takeaways from Michael’s Case

1. Hire an Attorney Early: Professional legal guidance was critical in crafting a strong defense and counterclaim.
2. Document Everything: Michael’s diligent record-keeping played a pivotal role in disproving the allegations.
3. Remain Calm and Respectful: Adhering to the temporary protective order and presenting himself professionally in court bolstered Michael’s credibility.
4. Expose Motives: Establishing the petitioner’s ulterior motives helped undermine their case.
5. Pursue Justice: Filing a counterclaim sent a clear message that false accusations have consequences.

Michael’s experience serves as a reminder that a methodical and strategic approach can overcome even the most challenging accusations such as fighting a false protective order in Oklahioma. For anyone in a similar situation, his journey offers hope and a blueprint for success.

Experience the Fry & Elder Difference

To many, fighting a false protective order in Oklahoma and winning a counterclaim may initially seem insurmountable, Fry & Elder has helped many clients flip the legal table and successfully defend a false protective order that was filed against them. 

For nearly 100 years, Fry & Elder has embodied Oklahoma legal excellence since opening its doors in 1932. Fry & Elder features an elite team of experienced attorneys in successful protective order defense. The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014. Contact Fry & Elder today to set up a personal consultation with an experienced Tulsa protective order defense attorney.

Life happens. Sometimes, we make mistakes that leave a lasting mark on our criminal record. The good news is that for many people living in Oklahoma, there’s a legal process called expungement that can help clear those records, opening up new opportunities for employment, housing, and peace of mind. Fry & Elder’s knowledgeable team of attorneys discuss the Oklahoma expungement process and its benefits below.

This process of expunging one’s records gained even greater traction and endorsement in Oklahoma in 2022 when Governor Kevin Stitt signed into law a comprehensive process making expungement automatic for all otherwise eligible misdemeanors and a range of non-conviction records.  

As the Collateral Consequences Resources Center said, “Oklahoma thus becomes the tenth state to join the bipartisan trend toward broadening the availability of record clearing to people with convictions, without requiring them to file a petition and go to court for relief.”

What Is Expungement?

Expungement is a legal process that allows you to have certain criminal records sealed or erased. Once a record is expunged, it is no longer accessible to the public, including potential employers and landlords. However, some agencies, like law enforcement or courts, may still have access to the sealed records under specific circumstances.

A Successful Journey: John’s Expungement in Tulsa, Oklahoma

Let’s consider a hypothetical example of John, a Tulsa, Oklahoma resident, who successfully expunged his record.

John was arrested in his early twenties for a misdemeanor offense related to a minor altercation. After completing his probation, fulfilling all court-ordered obligations, and staying out of trouble for years, John found that his criminal record was still creating obstacles. He struggled to find better-paying jobs and was denied housing opportunities. That’s when he decided to pursue expungement.

Here’s how John navigated the process in Oklahoma:

1. Understanding Eligibility: John learned that under Oklahoma law, certain misdemeanors, non-violent felonies, and arrests that didn’t lead to charges could be expunged. He discovered that he met the criteria because he had fulfilled his sentence, stayed crime-free, and enough time had passed since the incident.
2. Filing the Petition: John filed a petition for expungement with the district court in Tulsa County. He paid the required filing fee and ensured all the necessary documents, including proof of completion of probation and a clean record since the offense, were included.
3. Notifying Relevant Parties: John’s attorney notified the district attorney’s office and law enforcement agencies about his petition, as required by Oklahoma law.
4. Court Hearing: At the hearing, John presented evidence of his rehabilitation, including steady employment, volunteer work, and character references from community members. His attorney highlighted how expungement would help him contribute more effectively to society.
5. The Court’s Decision: The judge granted John’s expungement request, ruling that it was in the best interest of both John and the community.

Why Seek Expungement?

Having a criminal record can be a significant barrier to moving forward in life. Here are some reasons why people seek expungement:

• Employment Opportunities: Many employers conduct background checks, and a clean record can improve your job prospects.
• Housing Access: Landlords often check criminal records, and expungement can make renting easier.
• Restoring Reputation: Clearing your record can give you a fresh start and reduce the stigma of past mistakes.

Who Qualifies for Expungement in Oklahoma?

Eligibility for expungement in Oklahoma depends on:

• The type of offense (e.g., misdemeanors, non-violent felonies, arrests without charges).
• The time elapsed since the conviction or completion of the sentence.
• Fulfillment of all court-ordered obligations (fines, restitution, probation).
• No subsequent criminal activity.

Tips for a Successful Expungement

• Be Honest: Provide accurate and complete information on your petition.
• Gather Documentation: Collect evidence of rehabilitation, such as employment records, community service, or character references.
• Follow Instructions: Ensure you adhere to all procedural requirements and deadlines.
• Seek Legal Assistance: An attorney specializing in expungement can guide you through the process and increase your chances of success.

Life After Expungement

Once your record is expunged, you can legally answer “No” when asked about a criminal history on most applications. However, be aware of exceptions, such as applying for certain government jobs or professional licenses.

Expungement isn’t just about clearing your record—it’s about reclaiming your life. If you’ve made mistakes in the past but have worked to move forward, pursuing expungement can be a powerful step toward a brighter future.

Getting a case expunged can feel daunting, but the rewards are well worth the effort. The attorneys at Fry & Elder are well-versed and can help successfully navigate you throughout the Oklahoma expungement process. By taking the initiative to clear your record, you’re investing in a future full of opportunities and second chances.If you’re considering expungement, start by understanding Oklahoma’s laws and reaching out to a qualified attorney. Click here to set up a personal consultation with an experienced Oklahoma expungement attorney.