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.
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 Oklahoma protective order ruled as frivolous.
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.
What is a Protective Order?
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
- 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 an Oklahoma 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
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, immigration law and personal injury law. The firm and its attorneys have been the subject of 36 articles by various Oklahoma media outlets since 2014.
The firm’s lineup of attorneys is comprised of:
- Robert G “Hap” Fry Jr. (Family Law)
- James R. Elder (Family Law)
- Lorena Rivas (Immigration law)
- James C. Morton (Family Law)
- Sara Schmook (Family Law, Estate Law)
- Mary McMillen (Family Law, Criminal Law, Appeals)
Among the many titles and accomplishments Fry & Elder trial lawyers have recently collected include the following:
- A 2018 Best Lawyers® Selection
- One of only 19 attorneys in the state to be a Fellow of the American Academy of Matrimonial Lawyers
- Best Lawyers® Lawyer of the Year for Family Law in Oklahoma 2016
- Two attorneys recognized by Super Lawyers®
- Two attorneys AV® Preeminent Peer Review Rated by Martindale-Hubbell®
- The 2018 Fern Holland Award Winner
- A 2017 Significant Sig Award Winner
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 Oklahoma protective order defense attorney.