Old Protective Orders Can Hurt
We all know that protective orders serve a purpose — to protect a victim from stalking, abuse, harassment or the like. They can be used to calm down things in a troubled relationship, and give partners time to think rationally. They can give people emotional and physical space.
But what do you do with a protective order once those goals are reached? Or what if an agitated spouse filed for a protective order frivolously or maliciously? A protective order can expire after a prescribed time, including after a short time granted under an emergency order while a party waits for hearings on a permanent order.
Yet although many do not realize it, protective orders — just like criminal convictions — can stay on your record. Even when the best protective order defense persuades a court to revoke a protective order, that order can remain exposed in public records. And the long-term effects of a protective order or a restraining order on your record can be just as devastating as having a criminal conviction.
If the protective order was issued against you, prospective employers and landlords may label you as a violent person. That can be devastating at a time when you are looking to gain their approval.
To get a protective order expunged, you will need the help of a Tulsa protective order expungement attorney. Call today to get the help you need. Call the Divorce of Tulsa Law Office for a free initial consultation at 918-924-5526.
Protective orders issued against you appear not only at the courthouse in court files, but also appear on all the online databases that are commonly used for background checks. However, once you get a protective order expungement, those records disappear. It is like having a magic eraser.
Furthermore, the legislature has recently enacted a new law that states that once the expungement is granted, it is as if it was never issued. That means that if you are asked, you can truthfully say that no such action ever occurred and that no such record exists.
Expungements Help, So Get The Help You Need
Not every situation qualifies for the expungement of a protective order. There are four situations in which you can expunge an Oklahoma state-ordered protective order. You should seek the advice of an experienced Tulsa protective order expungement attorney to see if your situation falls into one of the enumerated categories.
You only need to meet the criteria listed in one of the following, in order to be eligible:
- An ex parte order for protection was issued at one time, but it was terminated, either due to a dismissal of the petition on the protective order before a full hearing, or the petition was denied after a full hearing and at least 90 days have passed. The record may also be expunged if the person asking for the order failed to appear at the hearing, and at least 90 days have passed since the date set for the full hearing;
- The person seeking the protective order (the plaintiff) filed an application for a victim protective order, but failed to appear at the full hearing and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements;
- The order has been vacated at either your or the plaintiff’s request, and at least three years have passed since the order to vacate was entered; or
- Either the plaintiff or you are deceased. Okla. Stat. tit.22 § 60.18
It is important to note that if you have had a final victim protective order entered against you, you must wait longer for the expungement — You must wait for the term of the protective order to expire.
Get Help From A Tulsa Protective Order Expungement Attorney
A formal pleading is required to get a protective order expungement. There are no forms to fill out. Instead, an attorney drafts a petition for expungement and files it with the court in which the protective order has previously been filed. The court clerk issues a hearing date and a copy of the petition and hearing notice must be served upon all of the interested parties in a timely fashion.
This is to allow them to file objections and appear at the hearing on the petition. If these procedures are not followed, the court will not grant your petition and the protective order will remain on your record.
An experienced Tulsa protective order expungement attorney can answer your questions, draft the petition, and can handle your petition for expungement from start to finish. Expungements are quite technical. Get it done right the first time.
Get A Free Consultation With a Tulsa Protective Order Expungement Attorney
The Divorce of Tulsa Law Office’s protective order expungement attorney provides a free consultation on your protective order issues, including expungement. Bring your questions and concerns, and let’s work together.
Call the Divorce of Tulsa Law Office today for a free initial consultation at 918-924-5526.
