When a Protective Order Backfires: Real Risks of Bad Faith Filings
Protective orders exist to shield victims of domestic abuse from harm and provide a legal way to ensure safety. However, filing a protective order without genuine cause—often called filing in bad faith or frivolously—can have serious consequences. In Oklahoma, the law recognizes that while victims need easy access to courts for protection, the system can be abused. When a protective order is filed merely as a tactic in disputes, such as custody battles, it can lead to penalties against the person who filed it.
In Tulsa and throughout Oklahoma, courts carefully evaluate whether a protective order petition was filed with a legitimate claim of abuse or if it was done frivolously. If the court finds no real victim exists and the order was filed in bad faith, the filer may be required to pay the court costs, attorney fees, and other expenses incurred by the defendant. This policy aims to discourage misuse of the protective order process and protect innocent parties from unnecessary legal and financial burdens. Okla. Stat tit. 22 § 60.2.
Understanding this balance is crucial if you are involved in a family conflict where a protective order is part of the dispute. A Tulsa attorney can help you navigate these complex issues and protect your rights.
Frivolous Protective Orders: A Closer Look at Oklahoma Law
The Oklahoma Supreme Court clarified the consequences of frivolous protective order filings in the 2016 case Murlin v. Pearman. In that case, an on-again/off-again girlfriend filed a protective order against a man to support her partner’s custody fight, even though no evidence showed she was harmed or was a victim. The lower courts initially refused to rule the protective order frivolous, but the Supreme Court reversed that decision. They held that because no victim existed and the filing was abusive, the filer was responsible for the attorney fees and court costs incurred by the defendant. Okla. Stat tit. 22 §§ 60–60.11.
This case sets a precedent that Oklahoma courts take bad faith filings seriously. The statute does not define “frivolous” or “victim” explicitly, so courts interpret these terms in their everyday meaning—meaning a victim must be someone actually harmed, and frivolous means lacking any reasonable basis. This ruling underscores that protective orders should not be used as weapons in unrelated legal battles, such as custody disputes.
If you face a protective order filed against you, consulting a Protective Orders attorney can help determine whether the filing was legitimate or if you may be entitled to recover your legal expenses.
Legal Procedures and Costs: What Happens After a Frivolous Filing?
When a protective order is challenged as frivolous, the court may hold a hearing to examine the facts. If the court finds that the petitioner had no reasonable basis and that no victim was harmed, it can order the petitioner to pay costs such as attorney fees, court fees, and process server fees. This is designed to prevent abuse of the court’s resources and protect respondents from unfair financial strain. Okla. Stat tit. 22 § 60.2(C)(2).
In family law cases in Tulsa, temporary orders and hearings follow specific procedures, including verified applications and income disclosures. Understanding these rules can be complicated, so having a knowledgeable Tulsa attorney guide you is important. The rules ensure that applications for temporary relief or restraining orders are handled fairly and that courts have the necessary information to make decisions quickly and justly.
Filing a protective order in bad faith can backfire, resulting in more than just legal trouble—it can damage your credibility and affect other family law matters.
Protect Yourself: How Legal Guidance Can Make a Difference
Protective orders are powerful legal tools meant to protect those genuinely at risk. But when misused, they can lead to costly repercussions. The Divorce Law Office Of Tulsa can help either defend against a frivolous protective order or ensure your petition is properly supported by facts.
Whether you are facing a protective order or considering filing one, working with an experienced Tulsa attorney is essential. They can help you gather evidence, understand your rights, and navigate the complex family court system effectively. For individuals accused unjustly or those worried about the impact of protective orders, legal advice can prevent unnecessary harm to your reputation and finances.
Contact a Tulsa Attorney Today
If you are dealing with a protective order issue in Tulsa, professional legal help can make a significant difference. The Divorce Law Office Of Tulsa offers knowledgeable and compassionate guidance through these difficult circumstances. If you need legal help, call Divorce Law Office Of Tulsa at (918) 924-5526 to discuss your case and explore your options with a skilled protective orders attorney who understands the stakes involved.