Q: Is it at the discretion of the judge to transfer and consolidate a protection order to be heard in custody case?
I was never served and at the hearing I told judge creek county has no personal jurisdiction plus me having a pending custody case in Tulsa. When dhs closed out there temp custody order and final order was made in Creek county the clerk failed to fax the order to Tulsa and instead filed order in a new case created in creek county. Creek county judge ordered the PO to be transferred to Tulsa to be heard with custody case but set a review date in creek county. Tulsa judge wouldn't hear the matter because of the review date in creek county. Creek clerk told me there would be no review date due to everything transferred to tulsa. But the review date was held and the mother was granted a 5yr protection order with our child on it to have only monthly supervision. Tulsa later dismissed my custody case because of no jurisdiction due to creek county having final order in new case. Shouldn't that protection order been dismissed due to unfair advantage the mother has gained?
A: WOW! Where was your lawyer during all of this terrible mess! If you didn't have one, you made a very big mistake. The bottom line is that if you were never served with notice in the protective order case, no permanent order can be validly entered against you. Retain a Creek County attorney to help you NOW. If the order has just been entered, it is easier to appeal, or set aside.
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