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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32325
Experience:  Began practicing Family Law in 1992
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My wife filled a protective order against me in Oklahoma

Customer Question

My wife filled a protective order against me in Oklahoma plus my daughter is on it and now she and my daughter is on there way to Wyoming,can my lawyer get the protective order concerning my daughter dropped against and dos my have to be here the day for the protective order hearing?
Submitted: 6 months ago.
Category: Family Law
Expert:  JD 1992 replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I'm sorry, I don't understand your question. Could you rephrase? What my screen is showing is:

can my lawyer get the protective order concerning my daughter dropped against and dos my have to be here the day for the protective order hearing?

I'm not sure what that means.

Customer: replied 6 months ago.
Can my lawyer get the protective order against me drop which my daughter is on and does my wife have to be present when we go to court over the protective order.
Expert:  JD 1992 replied 6 months ago.

Unfortunately, I can't answer if he will get it dropped since that depends on how the facts play out and the judge's decision. I can tell you that if you meant is it possible to get it dismissed, which is actually different than dropped, then the answer is certainly. Many protective orders are dismissed at the initial hearing.

It is not mandatory that your wife be there but if you have a lawyer, and I see you do, then I don't see how they can prove their case without her there. I'm sure she signed an affidavit when it was filed but the affidavit is not actually admissible in the protective order hearing. Of course, there could be other witnesses but it is hard to "prove up" a protective order without the alleged "victim" being there. Possible, but very difficult.

Please ask any follow up questions you have in this thread. I want to make sure all of your questions are answered.

Customer: replied 6 months ago.
Well she ran off to Wyoming with my daughter and I'm trying get her not to leave the state with my or in this case come back, I don't know if she quit her job or what.
Expert:  JD 1992 replied 6 months ago.

The first thing to do is get the protective order dismissed. Then the lawyer can file for an injunction of some form to force her to return the child. This can be through a variety of motions, most common is a writ of attachment but likely a regular injunction would be easier.

Expert:  JD 1992 replied 6 months ago.

I am about to sign off for the evening (14+ hours for the last few days) but I will be back online tomorrow morning.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and you can come back to it anytime in the future if you think of something else.

I will pick up and continue in the morning if you post any follow up questions.

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