Protective Order Denied

In a contested protective order proceeding, Jeff Bacon represented a previous client at a full in-person evidentiary hearing. After testimony was taken and arguments were presented, the Court denied the protective order requested by the opposing party, waived court costs, and entered an order of dismissal. The Court instead directed the entry of a mutual restraining order to govern the parties’ conduct going forward.

The Oklahoma Law Behind This Result

A final protective order hearing under 22 O.S. § 60.4 is a contested evidentiary proceeding: the petitioner must prove, through testimony and evidence, that the respondent committed domestic abuse, stalking, or harassment as those terms are defined in 22 O.S. § 60.1. Both parties may testify and call witnesses, and the respondent may cross-examine the petitioner.

If the petitioner does not carry that burden, the court denies the petition and dismisses the case. Under 22 O.S. § 60.2(C), costs and fees can be assessed against the respondent only if a protective order is granted, and against the petitioner only if the court specifically finds that the petition was filed frivolously and no victim exists. The difference between a denial and an agreed order is significant for a father: an agreed order still appears in the protective order registries and can trigger the federal firearm restriction in 18 U.S.C. § 922(g)(8), while a dismissal after hearing leaves no order and no finding.

A mutual restraining order entered in place of a protective order is a different animal. It is typically an order in the underlying civil or family case that directs both parties to avoid contact or harassment, entered without a finding that either committed abuse, and it does not carry the criminal penalties, registry consequences, or custody presumption that a protective order does. Depending on its wording, though, a restraining order entered after a hearing that bars a father from harassing or threatening the child’s other parent and explicitly prohibits the use or threatened use of physical force can still trigger the federal firearm prohibition in 18 U.S.C. § 922(g)(8).

For a father who is also in a custody case, that distinction keeps a protective order finding out of the family court, although the custody judge can still hear evidence of abuse and make its own determination under 43 O.S. § 109(I).

What Fathers in a Similar Situation Should Know

A protective order hearing is won with evidence organized around the petition’s specific allegations and a decision, made with counsel, about whether to testify. Our Tulsa protective order defense page and the statewide protective order defense guide cover the hearing, the evidence, and what an order does to a father if it is granted.

Results depend on the specific facts and circumstances of each case. Past results do not guarantee or predict a similar outcome in any future matter.