Emotions tend to run high during a divorce, and unfortunately, sometimes they escalate to violence or abuse. In such situations, it becomes crucial to obtain a restraining order. If you find yourself in this situation in Oklahoma, it is essential to understand the process involved in obtaining a restraining order during a divorce.
Understanding Restraining Orders
A restraining order, also known as a protective order, is a powerful legal document that restricts individuals from engaging in specific behaviors such as threatening or contacting someone. Its primary purpose is to provide protection against physical harm, harassment, stalking, or intimidation.
Steps to File for a Restraining Order in Oklahoma
Obtain the required forms: Begin by obtaining the necessary forms, which can be obtained from your local court or conveniently downloaded online from the Oklahoma State Courts Network.
Fill out the forms: The forms will request information about yourself, your spouse, and any instances of abuse or harassment you have experienced.
File the forms with the court: Once you have completed the forms, you must file them with the court clerk in the county where you reside or where the abusive behavior occurred.
Attend a hearing: Upon filing the forms, a judge will schedule a hearing. It is essential that you attend this hearing to present any evidence or testimony supporting your request for a restraining order.
What to Expect at the Hearing
During the hearing, you need to substantiate your claims of violent or abusive conduct by your spouse. You can do this by providing supporting evidence such as police reports, medical records, witness statements, or even photographs of incidents. If the judge deems it necessary to issue a restraining order for your protection, they will do so immediately.
Explore the Types of Restraining Orders in Oklahoma
Oklahoma recognizes two types of restraining orders: the temporary ex parte order and the final order.
Temporary Ex Parte Order
A temporary ex parte order serves as a temporary measure to safeguard you until the hearing takes place. It goes into effect immediately without requiring the presence or notification of the other party involved. Typically, this order remains valid for 21 days or until the hearing occurs.
Final Order
A final order, on the other hand, represents a permanent resolution that takes effect after the hearing. It provides long-term protection, lasting up to five years.
Consequences of Violating a Restraining Order
It is crucial for your spouse to understand the gravity of violating a restraining order. Doing so can result in their arrest and criminal charges. Moreover, breaching a restraining order can have severe repercussions on your divorce case, including potential loss of custody, division of property, or support.
Conclusion
Navigating the process of obtaining a restraining order during a divorce in Oklahoma may seem daunting. However, it is a crucial step to protect yourself and your family. To ensure you take the right steps and prioritize your safety, it is strongly recommended to consult with an experienced family law attorney. Their expertise will guide you through the process, ensuring your rights remain safeguarded throughout.