Protective orders are often necessary to calm things down in a troubled relationship. Judges often grant them in domestic abuse cases and in heated divorces. These orders will stay on your record long after a troubled relationship resolves itself. And just like a criminal conviction, a protective order issued against you can have lasting negative repercussions.
It can be difficult to land a keep a good job. And landlords don’t like to see a protective order appear on a renter’s background check either.
Luckily, Oklahoma does provide a mechanism that can seal a protective order issued by an Oklahoma state court much the same way that it seals other criminal records. Expungement is requested of the court in which the original protective orders are filed.
It is obtained by filing a petition, sending notices to all interested parties with copies of the petition and including the hearing date. In addition, evidence will be taken at the hearing on the matter. An expungement may be granted if the court finds that the protective order’s burden to you outweighs society’s need to keep the record public.
You Can Get A Protective Order Expunged
There are four qualifying situations in which you can expunge an Oklahoma state ordered protective order. You only need to meet the criteria listed for one of the following:
1. An ex parte (emergency) order for protection was issued at one time, but it was terminated before a full hearing took place because the petition was dismissed, or the petition was denied. The record may also be expunged if the person who originally asked for the protective order failed to appear at the hearing, and at least 90 days have passed since the date set for the full hearing.
2. The person originally seeking the protective order filed an application for a protective order, but failed to appear at the full hearing and at least 90 days have passed since the date set for the full hearing, including all continuances and postponements.
3. The protective order has been vacated at your request or the at plaintiff’s request, and at least three years have passed since the order was entered.
4. Either the plaintiff or you are deceased. Okla. Stat. tit. 22 § 60.18.
It is important that you hire an experienced Okmulgee expungement attorney to answer your expungement questions and to handle your petition for expungement. Expungements are quite technical. Get it right the first time.
Free Consultation With an Experienced Okmulgee Protective Order Expungement Attorney
Let us help you with your expungement needs and concerns. Call our Okmulgee office at (918) 756-9600 or toll-free (888) Wirth-LAW for a free consultation at the Wirth Law Office – Okmulgee. Or, enter your legal question or concern in the firm at the top right of this page, and one of our attorneys will return your message.