Dallas, TX asked in Adoption and Family Law for Oklahoma

Q: How can a false accused father under epo in Oklahoma get rights to his son?

I have aspergers, ADHD, autism, cerebral palsy. I am 29 years old I live in Oklahoma. I fell in love with a girl who has microcephaly. We both have drivers licenses, graduated high school, and can dress ourselves. She got pregnant and I found out her mom was abusing her so I went to legal aid services. They did an investigation and it turned back against me that i was the bad guy. Her parents put an emergency protective order against her and I. We just wanted to get married and prove we can take care of a child on our own, no one believes in us. Well In new Mexico I was an advocate for mentally ill and substance abuse users. I was in otereo and Eddy county's I have been TO meetings in the capital building for the entire state of new Mexico. I live on my own am going to school to be an auto mechanic, business development manager, and for theology. I plan to be a preacher really soon I know God is real. I read the Bible 5 hours a day and please I need help

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1 Lawyer Answer
Kyle Persaud
Kyle Persaud
Answered
  • Family Law Lawyer
  • Bartlesville, OK

A: If there is an EPO against you, then, the judge has probably set the case for another hearing.

Go to your next hearing. At the hearing, present evidence that you have never harassed the mother or the child.

For the mother and child to continue this protective order against you, they must prove that you have engaged in harassment.

According to Oklahoma law, "harassment" means:

"a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. "Harassment" shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;"

If they can't prove they engaged in harassment, the judge should dismiss the protective order.

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