Protective orders, sometimes called restraining orders, are needed in certain circumstances. A Tulsa, Oklahoma court often issues an emergency protective order in the case of domestic abuse, to protect a victim from an alleged stalker, or to protect a victim from harassment.
In cases of domestic violence, a protective order requires one of the parties to move out of the home, and to stay away from the other party. If given on an emergency basis, it is effective for a short time until there can be a full hearing on the matter.
In some cases, you can expunge a restraining order in Tulsa.
Protective Orders Stay on Your Criminal Record
Protective orders are often necessary to calm things down in a troubled relationship. But you may not realize that if a protective order is issued against you, it stays on your criminal record.
Just like criminal convictions in Oklahoma, the presence of a protective order has long-term adverse effects on your life as you try to pick your life back up. When it appears on your record and in a background check, it can be difficult to obtain employment and housing. It can also make new relationships more difficult.
You Can Expunge a Restraining Order Under Certain Circumstances
There are some situations in which you can seal or expunge a restraining order in Tulsa. It must be issued by the State of Oklahoma. You may not expunge a protective order that was issued by the U.S. Federal Government.
There are four situations in which you can expunge an Oklahoma state-ordered protective order:
- An ex parte order for protection was issued, but it was terminated due to a dismissal of the petition on the protective order before a full hearing, or the petition was denied after a full hearing, or 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 request or the plaintiff’s request and 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 that you hire an experienced Tulsa expungement attorney to answer your expungement questions and to handle your Petition for Expungement.
A Petition for Expungement is a formal document filed with the court. Particular notice requirements must be met for the hearing to take place and the order granted.
Free Consultation: Tulsa Expungement Attorney
The skillful, aggressive, and Tulsa criminal lawyers at the Tulsa Criminal Defense Law Firm can provide a free, no-hassle, and confidential consultation about expungement questions in your specific case.
Simply call 918-256-3400 today for a free consultation with a Tulsa expungement attorney.
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