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Fighting A False, Frivolous Oklahoma Protective Order

Long before Robert G “Hap” Fry Jr. became a distinguished Tulsa family law attorney, he served as the Chief Public Defender for Tulsa County. The skills Fry acquired as a criminal defense attorney certainly have not diminished. He is a highly skilled Tulsa protective order defense attorney.

Fry not only successfully defended a client from a protective order, the sought-after divorce attorney was able to turn the tables on the petitioner and have the Tulsa protective order ruled as frivolous.

Tulsa protective order defense attorney

The court stated:

“The court finds Petitioner filed this Protective Order action against Defendant to ‘retaliate’ against Petitioner’s wife and her family and to cover and distract from his own violations of the emergency protective order then in effect against him. The Court finds Petitioner filed the instant protective order action frivolously and no victim exists.”

This ruling opens the door for the Respondent (defendant) to secure attorney fees against the Petitioner, which Fry said his client fully intends to do.

“It’s an unusual case, which has a lot of moving parts,” Fry said, “A request for a frivolous ruling from the court is unusual, primarily because most people don’t know that it is available and must be alleged in a response to an emergency protective order.”

Oklahoma Protective Orders Trending Up

Oklahoma protective orders are on the rise. The Tulsa World reported in 2017 that protective orders in Tulsa County “doubled from 2015 and 2016.”

As an acclaimed Oklahoma law firm, which has been named to the U.S. News & World Report’s elite Best Law Firms List every year since 2014, Fry & Elder understands the significant importance protective orders have as a legal boundary for victims to protect themselves against psychological and physical abuse.

However, there also are times when protective orders might be abused.

Protective orders intersect family law with criminal law. Though not always the case, protective orders can be misused as a means for a spouse or family member to get you out of the house or to get emergency custody of children.

Fry & Elder’s experienced team of Oklahoma family law and criminal defense attorneys want you to know that the ramifications of having a protective order filed against you can be detrimental.

Below is some information you need to know about Oklahoma protective orders.

Tulsa Protective Order Defense Attorney Explains Protective Orders

Protective orders in Oklahoma are defined and governed by the “Protection from Domestic Abuse Act.” Protective orders are typically entered against a family or household member when a victim has experienced or feels a threat of:

  • Domestic violence
  • Harassment
  • Stalking
  • Sexual assault

There are two types of protective orders which can be filed in Oklahoma: an emergency ex parte order of protection and a final or permanent order of protection.

What Having a Tulsa Protective Order Filed Against You Means?

Having a protective order filed against you can have very serious consequences which can potentially affect your parenting rights and employment opportunities.

Once a protective order has been served, the defendant may not have contact with the person protected by the order until the protective order is lifted. Violation of a protective order can result in criminal charges.

Oklahoma protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed. When the protective order is granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is set for service upon the defendant. A trial will be held at that set date and time to determine if a protective order is necessary.

If a permanent protective order is granted there is a chance you could lose your job and your professional license in certain circumstances. You also will no longer be legally allowed to possess or transport a firearm.

Protective orders are serious and the violation of a protective order can bring about even greater consequences.

What are the Consequences of Violating an Oklahoma Protective Order?

If you have had a protective order filed against you, it is important that you understand the serious nature of it and contact a proven Oklahoma protective order defense attorney to help you challenge it. Violation of a protective order can result in the following:

  • 1st offense: misdemeanor, up to one year in jail and a fine of up to $1,000
  • 1st offense resulting in injury: misdemeanor, 20 days to one year in jail and a fine of up to $5,000
  • 2nd offense: felony, 1 to 3 years in prison and a fine of $2,000 to $10,000
  • 2nd offense resulting in injury: felony, 1 to 5 years in prison and a fine of $3,000 to $10,000  

Oklahoma alimony support

Why Experience the Fry & Elder Difference

With roots dating back to 1932, Fry & Elder has long epitomized Oklahoma legal excellence in family law, criminal law, and personal injury law. The firm and its attorneys have been the subject of 36 articles by various Oklahoma media outlets since 2014.

Although Fry is considered an elite Tulsa protective order defense attorney, the firm’s lineup of attorneys is are all well experienced. They include:

Among the many titles and accomplishments Fry & Elder trial lawyers have recently collected include the following:

If you think you have been the victim of a false or frivolous Oklahoma protective order, we encourage you to contact Fry & Elder as soon as possible to set up an immediate consultation with a proven Tulsa protective order defense attorney.

Tulsa Immigration Attorney Rivas’ Feats Net Spotlight

Lorena Rivas just might have become the most publicized attorney in Tulsa County. The acclaimed Tulsa immigration attorney was the subject of not just one but two profile pieces on consecutive days — March 26 and March 27 – by the Tulsa Business & Legal News.

“It was a little surprising and a little flattering,” Rivas said. “I spoke with one of the reporters a couple of weeks ago, so I knew he was working on something and then I heard from the other reporter and knew she also was working on a story.  I thought they both did a good job.”

Tulsa immigration attorney

Tulsa Immigration Attorney to Receive Prestigious Fern Holland Award

Rivas was spotlighted by Sharon Bishop-Baldwin in Tuesday’s TB&LN for being named the 2018 Fern Holland Award Winner.

Presented by the TU College of Law’s Women’s Law Caucus, the honor is given to a lawyer who advocates for human rights or the empowerment of women which Rivas has valiantly done since graduating TU College of Law in 2012. Rivas will be presented with the award during a banquet Thursday at The Pearl District Building.

Holland attended TU Law and was a practicing Tulsa attorney before joining the Peace Corps and then working for the Coalition Provisional Authority during the Iraq Conflict to fight for women’s rights and to help Iraqis establish a democratic government.

Described as a “doer not a doubter,” Holland’s efforts and legacy are well documented. She became the first American civilian to be killed in the Iraq Conflict when the Bluejacket native and 2004 Oklahoman of the Year was tragically shot by Iraqi insurgents dressed as Iraqi police on March 9,2004.

Rivas has this to say about Holland in the article:

“She was an amazing individual. She was willing to lose her life while fighting for a very worthy cause and the voiceless. I hope that when I’m gone, people will look at my life and think something similar: ‘She was willing to tell the stories of the voiceless and fight for them.’ In my case, it’s immigrants.”

The article examined Rivas’ immigration law background, which the highly-regarded Tulsa immigration attorney so eloquently explained to a captivated crowd this past fall at the University of Central Oklahoma.

The article also discussed some of the challenges Rivas faces in today’s immigration law climate, yet that she continues to have hope that immigrants will remain resilient.

“… I do see good things on the horizon for immigrants in the U.S., and this is all because I believe in the power of immigrants. The current political climate has not only stirred and awakened hateful voices, but it also has stirred and awakened the hopeful and persistent voices of everyday immigrant-rights activists.

“This country was founded by revolutionists and immigrants. They have shown time and time again they will persist and win.”

Tulsa immigration attorney

Leading Tulsa Media Outlet Also Reports on Rivas’ Visit to Nation’s Capital

The Tulsa Business & Legal News also sent longtime legal reporter Ralph Schaefer out to report on Rivas’ recent trip to Washington D.C. where she attended the Hispanic National Bar Association 2018 Advocacy Day and met with legislators to advocate for DACA (Deferred Action for Childhood Arrivals).

The article highlighted Rivas’ meeting with Oklahoma Rep. Steve Russell, who is supportive of the Dreamers, and of a growing frustration that a long-term solution and path toward citizenship may not be available in the foreseeable future.

Said Rivas:

“Even though some congressional members want a more permanent solution, I think they will have to give into a temporary fix until after the mid-term election this year and after the next presidential election.

“… “I tell clients to hold on to the hope for a solution and talk to their congressman/ I also tell them to tell people who are active and willing to express their voices that they need help. I also tell them that as long as they don’t get into serious problems, don’t get into bad situations and don’t get a criminal arrest, they should be OK.”

Tulsa immigration attorney

Respected Tulsa Immigration Attorney One of Several Fry & Elder Attorneys to Garner Media Attention

That Rivas was the primary subject of back-to-back articles by an Oklahoma media outlet is not all that surprising.

Fry & Elder and its decorated team of attorneys are actually quite used to the spotlight.

All total, Fry & Elder and the firm’s attorneys have been profiled a staggering 35 times since 2014, including five times this year so far.

Schaefer, a 2017 Oklahoma Journalism Hall of Fame inductee, has made his way to the Fry & Elder offices on numerous occasions, as have several other highly-regarded Oklahoma journalists and media outlets.

“We really appreciate all that they do for the Tulsa legal community,” Rivas said. “They don’t really have the easiest job, but they work hard and do a good job keeping the public informed.”

Below are the links to the 35 articles written about Fry & Elder.

Prestigious Tulsa Law Firm No Stranger to Awards, Accolades

The 2018 Fern Holland Award is just the most recent honor for the decorated Tulsa immigration attorney. In 2016, Rivas was also recognized by Tulsa Business & Legal News as being one of the city’s most accomplished professional women with their annual Women of Distinction Awards.

The leading Tulsa immigration attorney is one of several Fry & Elder attorneys to singled out for their significant legal contributions, which has helped the firm be named to the U.S. News & World Report’s Best Law Firm’s List every year since 2014. The elite Oklahoma law firm’s attorneys include the following:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with Rivas or another one of the firm’s experienced trial lawyers.

Elite Tulsa Law Firm Has Always Fought For Wrongfully Accused

As an elite Tulsa law firm with roots dating back to 1932 when C. Lawrence Elder began trying cases in Oklahoma courtrooms, Fry & Elder has achieved no shortage of legal feats.

Elite Tulsa Law Firm

The nationally-acclaimed firm’s trial lawyers have donned multiple legal hats, taken on many leadership positions and received numerous honors over the past 86 years. Fry & Elder’s attorneys actively practice Oklahoma family law, immigration law, criminal law and personal injury law cases.

One legal role no Fry & Elder trial lawyer, however, has played in the elite Tulsa law firm’s illustrious history has been that of a prosecutor.

“That is a point of pride for us, especially in criminal defense work” Fry & Elder trial lawyer Aaron Bundy said. “The entire careers of every lawyer working here at Fry & Elder have been dedicated to helping individuals, including fighting for the wrongfully accused.”

Bundy and fellow Fry & Elder trial lawyer and partner M. Shane Henry focus much of their respective practice areas on criminal defense work, including protective orders, federal criminal defense, bullying and DUI.

“I think with all of the technology and media coverage in place today, it is now easier than ever before for the court of public opinion to presume the accused is guilty and not innocent,” Bundy said. “But the judicial system has and will continue to operate under the presumption that one is innocent until proven guilty.”

Elite Tulsa Law Firm

Fighting for the Wrongfully Accused Often Comes with Prosecutor Bias

In 2017, Bundy and Henry traveled to New Orleans, Louisiana for the National Association of Criminal Defense Lawyers® 2017 Midwinter Meeting & Seminar where the two AV-Rated attorneys listened in as legendary criminal defense mastermind Barry Scheck presented.

Perhaps no other attorney is more well-versed in advocating for the wrongfully accused than Scheck. He co-founded the Innocence Project which has exonerated innocent, yet wrongfully convicted individuals like Michael Morton.  

Morton was released from prison in 2011 after serving nearly 25 years in prison after he was wrongfully convicted of his wife’s murder.

Morton publicly unveiled his remarkable and tragic story in his book “Getting Life: An Innocent Man’s 25-Year Journey from Prison to Peace” which also documented the unethical work of prosecuting attorney Ken Anderson.

Anderson was arrested and jailed after a court of inquiry found that the Morton’s former prosecutor had failed to “provide defense lawyers with exculpatory evidence indicating that another man might have killed Morton’s wife, including information that his 3-year-old son witnessed the murder and said his dad was not home at the time.”

Unfortunately, Anderson’s tale is not the only example of prosecutor immorality. As The Hill reported in a 2017 article:

“Traditionally, prosecutors are seen as measuring success in terms of convictions, plea bargains or the amount of punishment exacted.”

Titled “Criminal justice reform starts with the prosecutor,” the piece discussed how some 24 prosecutors from across the country met to discuss changes to their roles in the criminal justice system.

Adam Foss is an assistant district attorney in Suffolk County, Massachusetts had this to say: “Prosecutors are the most powerful actors in the criminal justice system. Our power is virtually boundless.”

When discussing the mindset of many prosecuting attorneys, Foss added this insight:

“For the most part, prosecutors step on the job with little appreciation of the impact of our decisions, regardless of our intent. Prosecutors aren’t really incentivized to be creative. … We stick to an outdated method that is counterproductive to achieving the goal that we all want, which is safer communities.”

Elite Tulsa Law Firm Attorneys Who Will Fight for You

If you are investigated or charged with a crime, you will need to contact an experienced criminal law defense attorney. Should you decide to contact Fry & Elder, you can have the peace of mind that no lawyer at the firm has ever worked on behalf of the government to accuse people of crimes

Furthermore, the elite Tulsa law firm has been named to the U.S. News & World Report’s Best Law Firm’s List every year since 2014. The renowned law firm’s lineup of attorneys includes the following:

Contact Fry & Elder Tulsa today to set up a personal consultation with a proven trial lawyer who will aggressively fight for you in and out of the courtroom.

The Best Oklahoma Immigration Lawyers Are In High Demand

As one of the best Oklahoma immigration lawyers, Lorena Rivas’ knowledge, experience and acumen are constantly in high demand.

That was indeed the case the case this past February when Rivas not only handled the demands of her busy private practice, the accomplished Fry & Elder immigration law attorney was also invited to be a part of an Immigration Law Panel hosted by her alma mater, the University of Tulsa College of Law and traveled to Capitol Hill to participate in the Hispanic National Bar Association’s 2018 Advocacy Day.

If that were not enough, the talented and sought-after immigration attorney somehow fit in the time to be the keynote speaker for The Judge Carlos Chappelle Minority Law Awareness Day also held at TU.

“It was a pretty busy month, but immigration law is a very important issue in Oklahoma and throughout our country right now,” Rivas said. “These were all exciting and informative professional opportunities for me to participate in and advocate for my clients and others affected by immigration law. For progress to happen, there must be dialogue.”

Rivas Among Best Oklahoma Immigration Lawyers in Washington D.C.

Rivas most recent voyage to Capitol Hill marked the second consecutive year one of the best Oklahoma immigration lawyers has been courted to visit Washington D.C.

She attended last year’s American Immigration Lawyers Association’s National Day of Action and met with U.S. Senators James Inhofe and James Lankford, U.S. Representatives Frank Lucas, Markwayne Mullin and James Bridenstine and also had a personal meeting with U.S. Representative Tom Cole.

This time around, Rivas met with staff members from Bridenstine and U.S. Representative Steve Russell to further advocate for a number of different issues that affect the Latino community, including the Deferred Action for Childhood Arrivals (DACA) program.

Typically held in May, this year’s HNBA Advocacy Day was pushed up to Feb. 27 and 28 to allow HNBA members a more-timely platform to advocate and “express why DACA legislation is vital to the future of this country.”

President Donald Trump had previously imposed a March 5 deadline for ending DACA, but, as PBS recently reported, that “program, which protects young, undocumented immigrants from deportation, remains in place for now.”

“It’s a vital program which needs to be kept in place,” Rivas said. “I would not be where I am today without it. Congress needs to apply a long-term solution and not just a patch.”

Other issues that dominated this year’s HNBA Advocacy Day included:

Rivas Returns to Law School Alma Mater as a Member of a Distinguished Panel and as Keynote Speaker

Some of Rivas’ most fulfilling and challenging years came as a law school student at TU. So when the prestigious law school’s immigration law society ImmLaw invited Rivas to be a part of a panel for a forum held Feb. 19, Rivas jumped at the opportunity.

“I will forever be in debt to the knowledge and opportunities TU Law provided me with and continues to provide me,” Rivas said. “It was a great event that featured some very highly-respected professionals within Tulsa. It was an honor to be among them.”

The event’s panel featured Jania Michelle Wester (Managing Director of Communities in Schools of Mid-America) Elizabeth McCormick (TU College of Law faculty) and Stephanie Daniels-Jackson (former Sergeant of the Family Violence Unit of the Tulsa Police Department and third-year law student at TU), along with one of the best Oklahoma immigration attorneys Rivas.

No stranger to featured speaking engagements, Rivas also served as the keynote speaker for the annual Judge Carlos Chappelle Minority Law Awareness Day co-hosted by TU Law and the Law School Admission Council held on Feb. 23. The late Judge Carlos Chappelle had a decorated and distinguished career as Tulsa County District Judge.

Rivas Demonstrates Qualities of One of the Best Oklahoma Immigration Lawyers

While only six years removed from law school, Rivas already has already established herself as a very in-demand immigration law attorney. Rivas provides comprehensive legal representation in the following areas of immigration law:

In 2016, Rivas was recognized by the Tulsa Business & Legal News as being one of the city’s most accomplished professional women with their annual Women of Distinction Awards.

A native of Mutual, Oklahoma, Rivas is a first-generation American who takes great pride in being able to represent the Oklahoma Latino community as an attorney.

“I’m a Mexican-American,” Lorena Rivas said. “Immigration law is something that is constantly hitting my life, whether it be family members, friends or my clients. In law school, I initially thought I wouldn’t go into immigration law, but I started thinking about it more, and felt like I could make a bigger impact in that area.”

Contact Fry & Elder Tulsa today to set up a personal consultation with Rivas or another accomplished Oklahoma immigration law attorney.

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