How do I change or extend the protective order? What happens if I move? What is the legal definition of stalking in Oklahoma? What is a stalking protective order?
What are the steps for filing for a stalking protective order? Where can I find additional information on stalking? A protective order is a civil court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.
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It offers civil legal protection from domestic violence to both male and female victims. While protection orders can help keep you safe, they are only pieces of paper and you still must take other steps to protect yourself. Am I eligible to file for a protective order?
California Courts Protective Order Registry
You can seek legal protection from acts of domestic abuse committed by a "family or household member" against you or your minor child. This means you can seek protection from:. A minor who is 16 or 17 years old can file for a protective order themselves. A minor who is under 16 years old must have an adult family or household member file on their behalf. A minor filling against an adult must file in a regular local court. Anyone filling against a minor age 13 or older must file in the local court with Juvenile Court jurisdiction.
Defending a Restraining Order in New Jersey
If your abuser is not a "family or household member" under this definition, you may be eligible for a Stalking Protective Order. See What is a Stalking Protective Order for more information. There are two types of protective orders available for you to file in Oklahoma :. A judge will assume that if you are asking for an emergency ex parte order or an emergency temporary order, you will also want a final order. Things to remember about an emergency ex parte order:. Things to remember about a permanent protective order:.
Who Can Get a Restraining Order?
You may also be able to have it extended. See How do I change or extend the protective order? How can a final protective order help me? A final protective order may order the abuser to:. Whether a judge orders any or all of the above depends on the facts of your case. What protective orders cannot do?
The Protective Order cannot help you until the papers are served on the abuser. Call the police if you need assistance. The Protective Order cannot award custody or mandate a visitation schedule; however, most judges will facilitate an emergency agreement to stabilize children pending the filing of a divorce.
The judge can facilitate an agreement for supervised visitations if necessary. The protective order cannot award financial assistance or child support. It cannot award property. Generally, there are no fees for filing for a protective order.
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You do not need a lawyer to file for a protective order. However, you may wish to have a lawyer, especially if your abuser has a lawyer. If you can, contact a lawyer to make sure that your legal rights are protected.
Domestic violence organizations in your area may also be able to help you through the legal process and may have lawyer referrals. Go to the district court in your area. Find the civil court clerk and request a petition for a final protection order.
Restraining and protection orders
In some counties, the court clerk will help you fill out the court papers. If you live in Tulsa County, there is a free, interactive computer system that can help you fill out your protective order forms. Visit www. Step 2: Bring identification for you and identifying information about your abuser. When you go to the courthouse, remember to bring some form of identification. Carefully fill out the forms. On the complaint, you will be the "petitioner" and your abuser will be the "defendant.
Include details and dates, if possible. But remember to be honest. Be sure to write your name, a safe mailing address, and a phone number. If you are staying at a shelter, contact your shelter for the correct mailing address. If you need assistance filling out the form, ask the court clerk for help. Some courts may have an advocate that can assist you. A domestic violence organization may also be able to provide you with help filling out the form. Do not sign the petition until you have shown it to a clerk, as the form may need to be notarized or signed in the presence of court personnel.
After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may do this in a courtroom or he may even review it by himself. The judge may wish to ask you questions as he reviews your petition. You will be given papers that state the time and date of your hearing. In order for your protective order to be valid, your abuser must be served, or given papers that tell him about the hearing date and your emergency ex parte order if the judge gave you one.
The abuser must be given the papers in person. But remember, do not try and serve the abuser in person with the papers yourself. Bush Bobby J. Curry Dion A. Diorio Tico C. Franklin Vasco D. Hale Michele A. Harmon Hozia D. Sigman Christina M. Slavik Santo Soto William J.