There are few times of the year more stressful than the holiday season, particularly for those in relationships going through turbulent times.
Challenges many couples encounter include everything from disagreements about child custody and visitation rights to what the holiday spending budget should be. These disputes can become so heated that they can ultimately lead to false restraining orders being filed.
Also known as Protection or Protective Orders, It is estimated that over 700,000 restraining orders are issued based on false claims of abuse, the repercussions on the legal and social systems are detrimental and may affect the accused person’s life to the point that their standard of living is extremely affected. If you believe you are the victims of one of these orders being filed against you, you need to consult with an experienced Tulsa restraining order defense attorney as soon as possible.
The trial attorneys at Fry & Elder not only empathize with this those going through this type of unfortunate scenario but want you to know that if you are the victim of a frivolous protective order filed against you, we have the resources, knowledge, and acumen in place to turn the tables on the accuser.
“We will make them fit the bill,” Fry & Elder attorney Preston Bennet said.
Indeed, the prominent Tulsa family law firm has a history of having frivolous or false restraining orders ruled in their clients’ favor.
Fry & Elder attorney Kevin Glasco not only recently successfully defended a client from a protective order he had it ruled frivolous, meaning the petitioner had to “fit the bill” for the court costs and attorney fees.
Robert G “Hap” Fry Jr. was no doubt pleased to hear about Glasco’s verdict. The well-known Tulsa attorney has also been able to successfully defend many clients from of protective orders and has had several ruled as frivolous.
“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,” Robert Fry said.
Fry remembers the court stating the following after one such case.
“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.”
What Are Restraining Orders or 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.
Why You Need An Experienced Tulsa Restraining Order Defense Attorney
Having a protective or restraining order filed against you can have very serious consequences which can potentially affect your parenting rights and employment opportunities.
With domestic violence, stalking and rape all being separate and very serious crimes, having someone one file a protective order means they are accusing the other side of criminal activity. If you are the accused, you need a lawyer who can help you fully assess your situation and advise you about your rights for the protective order, for your family law case, and for any criminal investigation or charges.
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. It is imperative that you immediately seek consultation with an attorney if you have been served a protective order.
Experience the Fry & Elder Difference
With roots dating back to 1932, Fry & Elder has long epitomized Tulsa legal excellence in family law, criminal law, and personal injury law. The firm has also achieved national notoriety having 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 and knowledgeable Tulsa attorney.