To fight against a false protective order, you must first understand the legal process behind it. A protective order is a legal tool designed to limit domestic violence. The primary intent of an order of protection is to protect family members or those in a family relationship from stalking, harassment, and other forms of intimidation. Unfortunately, some people misuse protective orders as a weapon in personal disputes, especially in divorce, custody battles, or other contentious situations. If someone has falsely accused you and filed a protective order against you in Oklahoma, it is crucial to understand your rights and the steps necessary to fight back.

Understanding Protective Orders in Oklahoma

Oklahoma law allows individuals to seek protective orders if they claim to be victims of domestic abuse, stalking, harassment, or threats of harm. While these orders serve a vital role in protecting actual victims, they can also be exploited by individuals seeking to gain an advantage in legal matters, such as family court disputes.

A protective order can have serious consequences, including:

• Being barred from contacting the petitioner. This means any contact, even through social media or a third person, is a violation.
• Being required to move out of a shared home. Including a house that you own solely by yourself.
• Losing firearm rights. The order may require you to surrender all firearms to the court until the case is resolved.
• Harm to your reputation and employment. This is because the case is a public record that can be seen by anyone who knows how to use OSCN.

If you believe a protective order against you is based on false allegations, you must take swift and strategic action to challenge it. Going at this alone is highly risky, though. A legal professional is the best person to analyze the facts and findings to offer you the best defense possible.

Steps to Fight a False Protective Order In Court

1. Take Care Not To Violate the Protective Order

Even if the order is based on false claims, you must comply with all its terms until it is officially dismissed or modified by the court. Any violation, even accidental, can lead to criminal charges. The first offense is a misdemeanor, with subsequent violations possibly being charged as felonies. Remember, even simple acts can result in a VPO, so err on the side of caution.

2. Gather Evidence to Refute the Claims

The burden of proof is on the petitioner to prove they need protection, but you must provide strong evidence to challenge the allegations. Their burden is less than in a criminal case, which requires proof beyond a reasonable doubt. A protective order is a quasi-criminal case that only requires proof by a preponderance of the evidence. This lesser burden is the main problem you will face in this type of case. Evidence of previous protective orders and other past acts can be used to meet their preponderance of the evidence burden. Key evidence to refute the claims may include:

• Text messages, emails, or call logs that contradict the petitioner’s claims. This includes text messages sent to you by the opposing party after the order of protection has been put in place. Although they can’t violate their own protective order, the texts tend to show that they are not in fear of you or being stalked or harassed.
• Witness statements from people who can confirm the allegations are false. The person making the statement must be in court and be ready to testify for their statement to be admissible as evidence. This is because of the rules surrounding hearsay evidence.
• Surveillance footage, GPS records, or other documentation proving you were not at the alleged location of an incident. Once again, this evidence must be properly authenticated so that it is admissible in your case.
• Social media posts that contradict the claims made against you. I c

These are merely a handful of examples, as the court can consider multiple angles when reviewing the case. While the judge is ultimately the final word on the matter, the more effort you put into your defense, the better you will look.

3. Hire an Experienced Attorney or be ready to put on the Trial

Legal representation is critical when fighting a false protective order. Its important to hire an attorney that works with protective orders on a constant basis.

• Understand the legal process. This is critical to winning your case. Remember that if you fail to show, the order will be granted against you that could last for up to five years. This is known as a default judgment.
• Identify weaknesses in the petitioner’s case. A simple thing like setting out timelines with your attorney that conflict with their statements can be helpful.
• Present strong evidence on your behalf. A great source for this is by using discovery tools like interrogatories and requests for admissions. It’s also possible to have the other party sworn for oral depositions. Many things used through the discovery process will provide compelling evidence to help you win at trial.
• Cross-examine the petitioner and any witnesses effectively. A lawyer will know the tough questions they can ask while complying with court standards and procedures.

4. Prepare for the Trial

After a temporary protective order is issued, the court will schedule a hearing to determine whether a permanent order is warranted. This is your best chance to defend yourself and present your side of the events. At the protection order trial:

• Your attorney will present evidence and witnesses. This evidence is the culmination of years of experience doing this kind of trial.
• You may testify on your behalf regarding the facts. If you are asked to testify, you will have done so after you worked with your attorney and prepared for questions. It’s important to understand that the opposing party will also have the chance to question you.
• You will have the opportunity to cross-examine the petitioner and any of their witnesses. In your cross-examination, you have the chance to ask about each instance or allegation the other party made against you.

The judge will assess the credibility of both parties before making a decision. Staying calm and factual is the goal. The last thing you want is to make yourself seem hotheaded. If you lose your temper or talk over the judge or the other person’s attorney, the Judge will not look kindly on you. Courtroom decorum is an important element of any hearing or trial in front of the Judge.

5. Show That the Protective Order is Being Misused

If you believe the protective order was filed as a tactic in a divorce, custody dispute, or for revenge, your attorney can highlight inconsistencies in the petitioner’s story. Custody cases in particular prohibit a person from filing a protective order to influence or remove the other parent’s parental rights. Demonstrating a pattern of false accusations, lack of supporting evidence, or ulterior motives can persuade the judge to dismiss the order.

What Happens if the Protective Order is Granted?

If the judge rules against you and grants the protective order, you may still have options, including:

• Appealing the decision if there were legal errors in the hearing. The appeal itself cannot make new arguments but is limited to the record itself. In an appeal, you are appealing any abuse of discretion made by the judge or other procedural errors made by the court.
• Filing a motion to reconsider or modify the order if circumstances change. In most instances, motions to reconsider are heard by the Judge that heard the original case.
• Seeking expungement if the order negatively impacts your record. This is called a civil expungement and requires certain requirements. One requirement is that both sides agree that there is no longer a need for the protection order. An expungement can only occur if the protective order has already been dismissed, overturned, or has expired. A lawyer can draft the petition for expungement to ensure that all necessary procedures are followed to get the case sealed from public viewing.

Get Protective Order Defense Help In Oklahoma City

A False protective order can have devastating personal and legal consequences. If you or a loved one are facing an unjust protective order in Oklahoma City, you must act quickly by gathering evidence and securing legal counsel. By building a strong defense, you can fight against false allegations and protect your reputation and future. For a Free Consultation with an Oklahoma City protective order defense lawyer, contact the Kania Law OKC Attorneys at 405-367-8710. You can also click this link to ask a free online legal question.