Protective order cases in Oklahoma move quickly and can have serious consequences for both sides. Whether you are the petitioner seeking protection or the respondent defending against allegations, attorney representation can be essential. One of the most common questions people have is: Who pays the attorney’s fees in a protective order case? Oklahoma law allows attorneys’ fees in certain situations, but they are not automatically awarded. Understanding how fees work can help you prepare for the financial side of your case.
When a Petitioner May Receive Attorney’s Fees
Under Oklahoma law (22 O.S. § 60.2(C)), the court may order the respondent to pay the petitioner’s attorney’s fees if the protective order is granted. This is meant to help victims of domestic abuse or harassment who would otherwise struggle to afford legal representation.
Judges often consider factors such as:
- Whether the evidence clearly supported issuing a protective order
- Whether the respondent’s conduct created a genuine safety threat
- Whether the petitioner incurred reasonable attorney expenses
While fees are not automatic, they are commonly requested in cases involving violence, threats, or stalking.
When a Respondent May Receive Attorney’s Fees
Many people do not realize that respondents—the people defending against a protective order—can also be awarded attorney’s fees in certain cases. Under Oklahoma law, a respondent may receive attorney’s fees if the court finds that the petition was frivolous, filed in bad faith, or designed to harass.
Examples may include:
- Filing a protective order to gain leverage in a divorce or custody case
- Making accusations with no evidence
- Repeatedly filing protective orders that lack merit
Courts are cautious when awarding fees to respondents, but they will do so when a petition is clearly abusive or baseless.
What the Judge Must Consider Before Awarding Fees
Oklahoma judges have discretion when deciding whether to award fees. They may look at:
- The financial situation of both parties
- Whether the protective order was granted or denied
- The conduct of each party during the case, and if the order is violated
- Whether the requested fees are reasonable
Even if the law allows for attorney’s fees, judges often limit or adjust the requested amount based on what they believe to be fair.
Who Pays Upfront?
Even if the court ultimately orders the other party to reimburse attorney’s fees, each party must pay their own attorney upfront unless they have a separate agreement with their lawyer. Fee awards come only after the court makes a decision.
This means respondents and petitioners must assume they will be responsible for their own fees unless the judge rules otherwise.
Talk to a Wagoner Protective Order Attorney
Whether you are requesting or defending a protective order, attorney’s fees can become a significant part of the case. Speaking with an experienced Oklahoma protective order lawyer can help you understand your options, present your best arguments, and request or defend against a fee award. If you need help, call our team at Kania Law – Wagoner Attorneys at 918-283-7394 or get a free online consultation by following this link.
