Legal Question in Family Law in Oklahoma

protective orders

if a protective order had been granted and the filing party had seen the defendant a few times since the order had been granted and the order has since been granted temp since the defendant was in jail at the time of the original order and unable to appear, what trouble would the plantiff get into for seeing the defenant during that time, or what basis would it have on reordering the original protective order

Asked on 2/28/02, 4:09 pm

1 Answer from Attorneys

Sharon Cole Jones Sharon Cole Jones, Esq.

Re: protective orders

Your question is a little unclear. What do you mean by "seeing" the defendant? I will try to answer your question based on what I think you are trying to ask. A protective order places certain restrictions on the defendant's behavior (ie., no telephone calls, distance limit from the plaintiff, etc.). Usually, the PO does not place any restrictions on what the Plaintiff can do. In this case, the plaintiff can "see" or call or make other contact with the defendant. However, there is often a counter PO which restricts the Plaintiff also. In this case, the plaintiff must follow the orders in the PO. This would probably prevent any contact. If the PO is a usual PO that only restricts the defendant and the plaintiff engages ("sees" or contacts) the defendant, and then tries to enforce the PO or make a new one, the argument would be made that the PO really isn't necessary. In other words, it would be a defense for the defendant against the PO. The judge would ask why the plaintiff needs a PO if he/she keeps making contact with the defendant. The judge may assume that the plaintiff really is not in fear of bodily harm or imminent danger.

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Answered on 3/01/02, 5:35 am

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