Okmulgee, OK asked in Criminal Law and Domestic Violence for Oklahoma

Q: Can a plaintiff violate their own protection order if the defendant has not been served

Oklahoma Emwrgency exports order

1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that defendant… that is certainly meaningful evidence or information that the defendant could use at the protective order hearing to demonstrate that the Plaintiff is not in fear of any alleged threat of imminent harm. However, it is not a violation because they have no protective order issued against them. You should consult an attorney who specializes in emergency protective orders for more detailed guidance. Best of luck!

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