Restraining and Protective Orders

Obviously married couples who have filed for divorce did not reach that point without going through a good bit of acrimony. However, by the time they make the final decision to proceed with a divorce the heated arguments have usually come and gone. The parties recognize the fact that the marriage has run its course and they can usually cooperate civilly from that point forward. The fact is that in nine out of every ten cases divorcing couples can agree on all of the terms, so bitterly contested divorces are the exception rather than the rule.

However, some of these exceptions are extreme. Ongoing violent or abusive behavior can sometimes be at the root of the marital discord, and in other cases news of the divorce filing can cause someone to go over the edge and cross the line. Should you feel as though your safety is being immediately threatened by all means call 911 without hesitation. Beyond this, you can prevent the abuser from making contact with you on an ongoing basis by petitioning the court to issue a domestic violence protective order.

Your point of contact if you feel as though you would like to seek a domestic violence protective order is the District Court in the county that you are living in. Of course any time you ask the court to take action against another citizen the accused has the opportunity to tell his or her side of the story. So the court will have to notify the alleged abuser and schedule a hearing before issuing a permanent domestic violence protective order. But, if you think you need protection while the hearing is pending, you can ask the judge to issue a temporary protective order “ex parte” (without the accused being present) which will hold sway until the permanent hearing can be scheduled.

If you would like legal advice about restraining and protective orders, contact an Oklahoma City OK family lawyer to arrange for a free consultation.