Claremore, OK asked in Family Law, Child Custody and Civil Rights for Oklahoma

Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order to be heard in conjunction with the custody case under title 22 - 60.3(D) Oklahoman law.

Did Judge commit a procedural error for setting a court date to be back in 90 days for a review hearing? Because the case must be decided only by the judge in the family matter the review hearing not only should have been marked off when a new PO case was created, but the review would lack subject matter jurisdiction to rule over another Judge's decision correct?

Also if the judge doesn't inform the petitioner to file an action in the new case within 14 days the emergency protective order will be dismissed by operation of law, would be violating defendant's right to due process correct?

1 Lawyer Answer
Anna L Self
Anna L Self
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so the case doesn't fall through the cracks. No procedural error. The Judge doesn't have to inform the plaintiff to file any action. He doesn't represent either parties and cannot give legal advice. No violation of due process.

Pete David Louden agrees with this answer

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