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  1. #1
    Join Date
    Aug 2010
    Posts
    2

    Unhappy Dismiss Emergency Protective Order

    My question involves restraining orders in the State of Oklahoma.

    Last week I filed for a VPO against my husband and was issued an Emergeny Protective Order with a court date of August 16. Over the weekend had a change of heart and tried to get the Emergency Order dismissed prior to the court date. The judge denied my motion to dismiss.

    My question is if neither my husband or I go to the hearing on August 16 will the order be dismissed? And if I do not show up in court on the 16th could I be in trouble?

  2. #2

    Default Re: Dismiss Emergency Protective Order

    Quote Quoting kpierce
    View Post
    My question is if neither my husband or I go to the hearing on August 16 will the order be dismissed?
    It should.

    And if I do not show up in court on the 16th could I be in trouble?
    If you ever want to file another one, expect the court to be extremely skeptical - courts don't like people playing this game. You were either in genuine fear and have allowed yourself to be sweet-talked into dropping it, or you were not in fear and this was your way of having a tantrum to get him in trouble for a little bit. Either way...the court is NOT going to be happy to hear from you again and later attempts at another order will have a HUGE barrier before one will be granted. So if you plan to drop it, make sure that if there's a "next time" that you have an excellent plan in place to help ensure your safety. (And remember that if a "next time" results in any criminal charge, it's possible that the COURT could put a restraining order in place on its own, even over your objections, for your own protection, given that you'll have a history of claiming abuse or fear, yet not willing to protect yourself.)

    Finally, if there are children in the picture, and your original request for the order outlined violence or other criminal activity, child protective services may want to check into why you made that claim, yet want to keep things as status quo. (Obviously not an issue if no children involved, but potentially the biggest "fallout" from not following up with the hearing if children ARE involved.) Courts are ok with adults wanting to return to potentially abusive situations, but can be quick to intervene with social services if it feels there is a failure to protect children who don't have a say in the matter.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

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