The Dangers of Protective Order Hearings
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- Опубликовано: 22 авг 2024
- So let's talk about some of the dangers of protective order hearings.
I'm here today to talk to you about some of the dangers of protective order hearings and why they're a little bit unique.
Protective order hearings can be a little bit unique in the sense that they typically happen on short notice, and unlike a lot of trials on the merits in civil court, you don't do a pretrial conference, you don't have a pretrial conference ordered, there's no requirement to do a witness or exhibit list like you have in criminal court. So you don't always know what it is you're looking at going into court.
Now in Tulsa County, our protective order judge is very good about making the parties exchange exhibits with a reasonable amount of lead time, so at least you'll get to see the other side's exhibits and you can do discovery, so you can ask about witnesses and exhibits, but it is not a procedural rule to do a pretrial conference order and layout a pretrial conference order that shows you these witnesses are going to be called, here's what they're going to testify to, these are the exhibits, here's what they're being introduced to show like you would in most types of civil cases. That's not done with protective orders.
You may be dealing with some surprises. Another danger you run into with protective orders, and this is something to be very cognizant of, and this is why you really want to walk in unrepresented.
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Never expect a mechanic to admit you can work on your owm car 😂
great explanation - all lawyers can talk - not all of them can actually say something useful
you did
Thanks for the positive feedback.
It would be so much easier to get a lawyer if real people could afford them. When observing court it seems the woman always has an attorney (and is claiming she has no money) while the man is pro se, working 50 hours a week and paying for two residences.
At 1:40 minute i thought I heard you say we should go in unrepresented
But then you said we should have an attorney.
What are things that we should object to on a dvro
No, he mumbled the word "don't" as in "you don't really want to go in unrepresented".
You are almost certainly going to be better off with an attorney. However, you will have to balance the cost of the attorney with the increase potential for a worse result in the case due to not having one. Unfortunately, you might need an attorney just to understand all of the potential long term consequences of having a final protective order granted against you, which can make a pro se evaluation difficult.
What if both parties dont go to hearing?
If there is a criminal case involved, the protection order hearing can incriminate you. To protect the criminal case, if you remain silent, can your attorney still present evidence there that can help the judge make a better determination to drop the protection order?
If there are grounds to get the Protective Order dismissed on a legal basis (not dependent on proving any facts) then the attorney can file a demurrer or motion to dismiss to see if it can be dismissed prior to trial. If there is a factual dispute, then it is often best to continue the protective order hearing to trail the criminal case. If the protective order hearing goes forward, the other side could call the defendant to the witness stand and likely compel testimony unless the defendant pleads the 5th. However, if the defendant pleads the 5th, there is a risk that the court, treating the protective order as a civil matter, could draw a negative inference and rule against the defendant based on it. That's why it would normally be better to delay the protective order hearing to trail the criminal case.
"Get good counsel" absolutely=I am a promoter of spending money towards legal lingo; "we we're entrusted too, through years of thousands of dollars and endless nights of, no sleep on the BAR"
I got ejected from my home and children for 1 year because my wife's mother bothered me
It has been 8 months.
My wife's lawyer lied in court by presenting fabricated texts and admits it to me, but he has not told the court.
When I asked why, he said, "I don't have to tell you. And by the way, we're going for another two years."
At the next court appearance, if my wife's mother still hates me, and so my wife asks for another two years of protection, what are the chances the judge will deny her request?
Note: the police were never called, there was never any domestic violence. Just me blocking my mother in laws phone number from calling our landline phone because it rang out loud, and she called every day for 22 years.
Sounds like there are a lot of facts in your case that would need to be evaluated to answer your questions. I would recommend you contact an attorney for an in depth evaluation. If you are in Oklahoma, you can go to dads.law.
Denied Exparte Child Protective Order do I have to do anything
You are saying two things:
1. A man will always lose.
2. Never, EVER get married.
EVER!!! And if you do get married just realized that those children that you bring into the marriage are actually property of the state and your wife.....They are not yours! At least that's what their rulings show us.
@@brandonogden9281 We often witness biases in the application of the law, but we win protective order cases for men quite regularly.
Yep...I will know my fate in three weeks if the court will allow my wife to move out of state with my kid so she can live with a boyfriend rent free
@@FlappyBelly
What if you then became a hero?
Work with the disabled?
@@basicprogrammer6147 Not sure what that means, but it is certainly a crossroads in both our lives... statistics say I will die before 60 and she is much more likely to run away, have babies before the age of 18, divorce, abuse drugs, go to prison, be abused, contribute to abuse...awful
If my lawyer says he will show up and doesn’t what do I do 😢
If you are unable to reach your attorney, request a continuance to hire another attorney.
really need your help
Reach out to us at tulsa.dads.law/ or at (918) 962-0900!
Trusting a unique professional opinion is the same as trusting a judge whom was "chosen" in a fair election to justice their given jurisdiction... Aka every single blabber of order is a liar and establisher of linguistic lies to alter justice. Hate me
😅😅😅😅😅😅😅😅😅😅😅😅😅