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
- Hire an Attorney Early: Professional legal guidance was critical in crafting a strong defense and counterclaim.
- Document Everything: Michael’s diligent record-keeping played a pivotal role in disproving the allegations.
- Remain Calm and Respectful: Adhering to the temporary protective order and presenting himself professionally in court bolstered Michael’s credibility.
- Expose Motives: Establishing the petitioner’s ulterior motives helped undermine their case.
- 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.