Legal Question in Civil Litigation in Oklahoma

I am getting beat by my boyfriend and want to file a protective order against him. However, I have an outstanding warrant in another county for unpaid fines. If I file a protective order against him in the current county I'm living in, will I be arrested for the outstanding warrant?

Asked on 8/07/13, 7:18 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Probably not. You should be able to seek a protective order without involving the police. You would probably only have to deal with the court. The court won't have any interest in arresting or reporting you. In fact, it won't even do a background check. That means it very likely won't know about your warrant unless and until your boyfriend tells it. Even then, I very much doubt it will care.

Besides, the authorities want victims of domestic violence to get the protection they need. If seeking a protective order could lead to the victim's arrest, victims would be afraid to take action (as you seem to be) and would risk further injury or worse. Most law enforcement agencies try not to give victims reason to feel that way, so they usually don't arrest a victim who comes forward even if they could.

The result might be different if the victim is wanted for a major crime and is reporting a minor one. That does not seem to be the case here.

I can't guarantee anything, but it seems unlikely that seeking a protective order will get you arrested.

Good luck.

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Answered on 8/08/13, 12:43 pm

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