Which attorney is best suited to handle your protective order case: a family law attorney or a criminal defense attorney? Issues in protective order cases cross over between criminal defense issues and family law issues.
To request a protective order, the petitioner must claim domestic violence, stalking, or harassment. In other words, the petitioner is alleging that something criminal has happened. There is a strong link between protective orders and family law.
Oklahoma law says that if a child custody judge finds that there has been domestic abuse, stalking or harassment, then the parent guilty of such behavior should not have custody. Where a person is defending a protective order case and does not have a spouse or a child, a purely criminal defense attorney may be a good choice. There are many situations where the family lawyer is the best fit for a protective order case.
A family lawyer has significant experience prosecuting, or making, cases as well as defending cases. If you are the victim ( the petitioner) in the protective order, a family lawyer may be your best option. If you are the defendant in a protective order and the petitioner is your spouse, or if you share a child with the petitioner, or if you have children of your own, a family lawyer may be the best choice to fully inform and advise you about risks and potential long-term consequences.
No matter what, it is important that the attorney you choose is a trial lawyer who knows how to make a case in court and present your evidence in a persuasive way. Whether you need help getting a protective order or defending a protective order, you need an experienced, skilled courtroom trial lawyer who can help you prepare to testify and who can help you present your evidence to the judge.
The attorneys at the Law Office of Aaron D. Bundy, PLC, have assisted criminal defense attorneys and family law attorneys, and their clients, with protective order cases. We offer thorough advice about potential risks associated with protective orders, including consequences associated with invoking or waiving the 5th Amendment privilege against self-incrimination. We have assisted rape victims and victims of other forms of domestic violence with obtaining permanent protective orders against their attackers.
We have assisted parents who have sought protection for their minor children against abusers. We have also successfully defended protective orders when the other side made false or exaggerated claims against our clients. Due to the nature of protective order cases, many of those cases have involved successfully cross-examining minor children to show the judge that there was not evidence supporting the requested protective order.