There are some situations in which a restraining order can come off your record in Tulsa.
This area of the law is somewhat complex and best handled by an experienced expungement attorney. Here is some information on the subject to get you started.
Protective orders are the same thing as restraining orders. These orders are regularly issued by judges in domestic violence cases, often on an emergency basis when a domestic argument has become physical. They may also be issued to protect people from harassment, from being stalked, and from the threat of violence.
If given on an emergency basis, it is effective for a short time until there can be a full hearing on the matter.
There are also temporary restraining orders and full restraining orders. Full hearings are usually required for the granting of all but emergency restraining orders.
The scope of a restraining order may vary depending on the circumstances, but they usually prevent contact of any sort and may include a distance component. The person being restrained may not come within a prescribed distance of the victim, the victim’s home, or employment. In addition, all electronic contact is usually prohibited — from telephone calls to social media.
Restraining orders serve a purpose. They allow time for a heated situation between people to cool down. Unfortunately, they can also stay on your record, and that can impede a person’s ability to find work or housing.
A background check will reveal the restraining order, and that can cause problems in all sorts of future relationships from landlords to personal relationships.
When Can You Expunge a Restraining Order?
To begin with, to expunge a restraining order in Oklahoma, the order must have been issued by an Oklahoma state court. If the restraining order was issued either by another state court or by the federal government, you may not seek expungement in an Oklahoma state court.
There are only four situations in which an Oklahoma restraining order may be expunged. All four situations are specific, and your situation must fit one of them exactly in order to obtain an expungement.
In the first situation, the ex parte order for protection was issued,
- but its proceeding was terminated by a dismissal of the petition on the protective order before a full hearing occurred,
- 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.
In this case, either a full hearing never occurred, or the petition for a restraining order was denied.
In the second situation, although the initial petition for a restraining order was filed, the purported victim failed to appear at the hearing on the petition, and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements. In this case, again there is no full hearing on the petition and so the order for a full restraining order was never granted.
In the third situation, the restraining orders have been vacated and three years have passed since the order to vacate was entered. This can be done at your request as an initial step toward expungement.
In the fourth situation, one of the parties to the order has passed away. In that case, there is no longer the need for a restraining order. Okla. Stat. tit. 22 § 60.18
These are the only situations in which a restraining order may be expunged. If you have further questions, or want to pursue an expungement, contact an experienced Tulsa expungement attorney.
Free Consultation: Tulsa Expungement Attorney
It is important that you get expert help in this highly technical area of the law. An experienced Tulsa attorney can help you move on with your life.
Contact the Tulsa Criminal Defense Law Firm by calling (918) 756-9600, or toll-free at (888) 447-7262.
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