Sapulpa, OK asked in Family Law, Civil Rights and Domestic Violence for Oklahoma

Q: Did judge deny me due process by setting a review hearing?

A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa family court judge stated he had no jurisdiction to rule on the matter because of the review date set in creek County. A Creek clerk said the review date was marked off when they transferred the order to tulsa. How can creek County give petitioner default judgement for defendant not showing when tulsa never ordered case transferred back to creek County and Oklahoma law states a protective order involving children must be heard in any pending family case between the parties. Shouldn't it have been dismissed cause of Petioner not setting a hearing in tulsa by operation of law? Or creek County reorder it transferred back to tulsa without making a review order?

1 Lawyer Answer
Pete David Louden
Pete David Louden
Answered
  • Norman, OK
  • Licensed in Oklahoma

A: Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?

Did the parties have attorneys or was this a pro se deal gone wrong?

1 user found this answer helpful

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