Defending Tulsa Fathers Against Unjust Protective Orders

Being served with an Emergency Protective Order (EPO) is one of the most jarring experiences a father can face. One moment, you are a dedicated dad; the next, a Sheriff’s deputy is handing you paperwork that forces you out of your home, strips you of your right to see your children, and paints you as a criminal.

At Dads.Law, we understand the panic you are feeling right now. In Tulsa County, it is unfortunately common for Protective Orders to be weaponized—used not for safety, but as a strategic “first strike” in divorce or custody battles to gain unfair leverage.

You are likely asking: Will I lose my job? Will I ever see my kids again? How can the court decide this without even hearing my side?

You need immediate, aggressive representation. We are the top Fathers Rights law firm in Tulsa, Oklahoma, and we focus on defending good men against false or exaggerated allegations.

Understanding Protective Order Laws in Oklahoma

In Oklahoma, Protective Orders are governed primarily by the Protection from Domestic Abuse Act (Title 22 O.S. § 60.1). While these laws were written to protect victims of genuine violence, the bar to obtain an initial, temporary order is surprisingly low.

To a father, the process often feels like a violation of due process. It typically moves in two stages:

1. The Ex Parte Order (The Emergency Order)

This is likely what you have just received. “Ex Parte” means “one-sided.” Under Oklahoma law, a petitioner (the mother of your children or a partner) can go to the Tulsa County Courthouse, fill out an affidavit alleging fear of imminent harm, harassment, or stalking, and a judge may grant the order immediately—without you being present to defend yourself.

This order is temporary, usually lasting until the full hearing, which must be scheduled within 14 days.

2. The Final Protective Order Hearing

This is your day in court. At this hearing, the petitioner must prove their allegations by a “preponderance of the evidence.” If the judge rules against you, a Final Protective Order can be issued for up to five years, or even continuously (lifetime), depending on the severity of the allegations and history.

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Common Reasons EPOs Are Filed Against Fathers

While genuine domestic violence is a serious issue, at Dads.Law, we frequently see Protective Orders used tactically against fathers. We have successfully defended clients in Tulsa against EPOs based on:

  • Custody Leverage: A mother filing for an EPO days before filing for divorce to secure temporary sole custody and possession of the marital home.
  • Verbal Arguments: Elevating a heated, non-violent argument into an allegation of “imminent fear of physical harm.”
  • Harassment Allegations: Labeling a father’s repeated attempts to call his children or ask about their welfare as “stalking” or “harassment.”
  • Retaliation: Filing a EPO in response to a father finding a new partner or asserting his parental rights.

Step-by-Step: What to Do If You Are Served in Tulsa

If you have been served with an Emergency Protective Order, your actions in the next 24 hours are critical. One wrong move can result in criminal charges and the permanent loss of your children.

1. Read the Order Carefully

Does it ban you from your home? Does it ban all contact? Does it include your children as protected parties? You must understand exactly what is prohibited.

2. OBEY THE ORDER COMPLETELY

This is the most important rule. Even if the allegations are 100% false, the order is a legally binding court mandate.

  • Do not call her to ask why she did this.
  • Do not text her to try to work it out.
  • Do not ask a friend or family member to call her on your behalf (this is “third-party contact” and is a violation).
  • Do not go to the house to get your clothes unless the order specifically allows for a police escort to do so. In which case, contact law enforcement and ask for an escort.

Warning: Violation of a EPO is a crime in Oklahoma. If you violate the order, you can be arrested immediately, giving the other side the “proof” they need to make the order permanent.

3. Secure Your Evidence

While you cannot contact her, you can gather evidence to disprove her claims.

  • Screenshot all text messages and emails, especially those leading up to the filing.
  • Save GPS data that proves your location at significant times if she claims you were stalking her.
  • Compile a list of witnesses who were present during the alleged incidents.

4. Contact a Tulsa Protective Order Attorney

You cannot fight this alone. The system is predisposed to err on the side of “caution,” which often means ruling against the father. You need an attorney from Dads.Law to prepare for the show-cause hearing.

"Mr. Bacon’s strength of character—his respect, steadfastness, and dedication—set him apart as truly invaluable.

Under an impossible timeline and amid immense pressure, he provided me with the legal representation I not only needed but deserved. His actions remind me that courage and integrity can prevail, even in the most trying of circumstances."

-Al Hammamieh

The Consequences of a Final Protective Order

Failing to defend against a EPO has life-altering consequences for Oklahoma fathers. It is not just a piece of paper; it acts as a “scarlet letter” on your record.

  • Presumption Against Custody: Under Oklahoma law (43 O.S. § 112.2), there is a rebuttable presumption that it is not in the best interest of a child to be in the custody of a parent who is subject to a protective order for domestic abuse. This can strip you of custody for years.
  • Criminal Record: While the PO itself is civil, any violation is criminal.
  • Employment Impact: A PO appears on background checks (OSCN.net) and can disqualify you from jobs requiring security clearances, professional licenses, or driving.

How Dads.Law Can Help

We are not generalists; we are focused on Fathers Rights. When you hire Dads.Law for your Protective Order defense in Tulsa, we take a proactive, aggressive approach:

  • Detailed Investigation: We scrutinize the affidavit for inconsistencies, lies, and exaggerations.
  • Evidence Presentation: We present texts, emails, and videos that contradict the petitioner’s timeline.
  • Cross-Examination: We fearlessly cross-examine the accuser to expose the tactical motivation behind the filing.
  • Negotiation: In some cases, we can negotiate a “Mutual Civil Restraining Order” or a dismissal without prejudice, avoiding the entry of a Final Protective Order on your record.

Don’t Let a PO Define Your Future

You are a father, not a criminal. Do not let a tactical legal maneuver strip you of your rights and your relationship with your children. The attorneys at Dads.Law are ready to stand between you and the bias of the system.

Contact us today. We serve fathers throughout Tulsa County and the surrounding areas. Let us fight for your reputation and your family.

Can I see my kids if they are listed on the Protective Order?

No. If your children are named as protected parties on the Ex Parte order, you cannot have any contact with them—physical or electronic—until the judge modifies the order. Violating this to “just say goodnight” can lead to your arrest. We prioritize getting the children removed from the order at the hearing.

What if she texts me first while the order is in place?

Do not reply. This is a common trap. The Protective Order restrains you, not her. If she invites you over or texts you, and you respond or go to see her, you are the one violating the court order and can be arrested. Take a screenshot of her attempt to contact you and send it to your attorney.

Will a Protective Order show up on a background check?

Yes. In Oklahoma, EPO filings are public records available on the Oklahoma State Courts Network (OSCN). Even if it is dismissed later, the initial filing may remain visible unless expunged. A Final Protective Order may appear on background checks.

How long does a Protective Order last in Oklahoma?

An Emergency (Ex Parte) order lasts until the court hearing (usually within 14 days). A Final Protective Order generally lasts up to five years. However, if the court finds a history of abuse or if the order is violated, it can be extended or made continuous (lifetime).