Understanding Protective Order Documents
Are you thinking about filing a protective order and unsure of whether or not you have all the necessary documents? I’m Tahlequah protective order defense lawyer Aaron Grubb at Wirth Law Office, and in this video, we’re going to talk about what some of the statutory language really means and what that means for your specific case.
First off, the requirement that a defendant is a family member, a household member, or in an intimate relationship with a petitioner determines whether or not you need a police report. If you are a family member, household member, or in an intimate dating relationship, or used to be, you don’t have to have a police report when filing these sorts of things.
The Importance of Police Report Requirements
This requirement is mainly to do two things. First, it protects people who you aren’t necessarily close with from having frivolous protective orders filed against them. You can imagine if someone gets upset with you at work or you have a minor traffic dispute—without a police report, anyone could allege that you committed a multitude of actions that could qualify for a protective order.
This situation can negatively impact your record, as protective orders show up on background checks and could lead to severe consequences, such as having to surrender your weapons if you do not contest the order. Therefore, this protective measure is crucial to prevent individuals from obtaining protective orders against strangers or acquaintances.
Direct Access to the Court System
Moreover, if you are living with a family member or in an intimate dating relationship, a police report is not required. The reason for this exemption is that getting the police involved can escalate situations unnecessarily. To protect those individuals involved in close relationships, the legislator has made the process smoother by allowing direct access to the court system without the prerequisite of a police report.
If you have any questions regarding what documents you may need or the nature of the relationship between you and the defendant, please don’t hesitate to reach out. Again, my name is Aaron Grubb, and I’m the Tahlequah family attorney at Wirth Law Office.
Schedule Your Low-Cost Initial Strategy Session
Understanding your legal situation is vital, and I’m here to help. Call me today at (918) 458-2677 to schedule your low-cost initial strategy session. Together, we can ensure you have the guidance and support you need for your protective order case.
