restraining order question from Oklahoma

[Delphi]

::What is the name of your state (only U.S. law)? - Oklahoma

Hello all, I have a question, my wife made a fake claim that I pushed her and she got a temporary restraining order, she also put my daughters name on it so I cant even see my baby til I go to court..

But my question is, if I have a witness stating that none of this even happened, will it do me any good?

I appreciate any help on this and thank you in advance

 

[single317dad]

Bring your witness to the hearing. It may help you, but don't expect any miracles.

In this type of hearing, you aren't charged with a criminal offense, so you don't have to be proven guilty "beyond reasonable doubt" or "by a preponderance of the evidence". In this court, you'll be restrained as long as the judge believes that the petitioner herself believes she and/or the child are in danger.

That may not have come across very clearly, so I'll restate it: If your wife continues to claim that you abused her in some way, adds claims that you abused her previously, states fear that you will continue to abuse her, or claims any possibility of abuse against the child, the temporary restraining order could become permanent, with or without any input from you or your witnesses.

 

[Delphi]

First of all, thank you for your input.. I appreciate it.

But are you telling me that she can just make up anything she wants and there is nothing I can do about it?? Can she keep me from my daughter from me in definitely?

 

[single317dad]

First of all, thank you for your input.. I appreciate it.

But are you telling me that she can just make up anything she wants and there is nothing I can do about it??

There have been many recent changes to the way domestic violence is approached by law enforcement and the judicial system. Too many women and children were beaten and/or killed, and something had to be done. Unfortunately, the pendulum has swung too far the other way, and the system is easily misused and twisted now.

That doesn't mean she can literally "make up anything she wants", but if a judge believes she's truly fearful or that you really abuse her, then yes, you'll be restrained.

Can she keep me from my daughter from me in definitely?

There's no allowance in the law for "indefinitely", but that could happen in extreme circumstances. If you violate the restraining order, it will likely be extended. A "permanent" restraining order usually has a set duration despite its name (up to 3 years in OK). It's best to avoid that permanent order regardless of the misnomer, but even if one is issued there will be an end to it. There can also be exceptions made by the judge for communication about parenting, supervised visitation, etc.

I know that's not what you want to hear (it isn't what I wanted to hear when I was in your shoes either), but it's reality.

http://oklaw.org/resource/protective-order

Note especially section 3 about ex parte vs. permanent orders.

 

[Delphi]

Thank you for your input again and thanks for the link... What can I do to help me out?