RHODES V. HERNANDEZ, 2021 OK CIV APP 14

Opinion:Rhodes v. Hernandez, 2021 OK CIV APP 14
Subject matter:Protective Order
Date Decided:September 4, 2020
Trial Court:Tulsa County
Route to this Court:Appeal of Entry of Protective Order; Assigned to Court of Civil Appeals, Division IV
Facts:Plaintiff and Defendant were co-workers. Plaintiff alleged Defendant was physically assaulting and harassing him. Plaintiff filed for a protective order under the Protection from Domestic Abuse Act. Plaintiff selected the box for “harassment” on the pro se form rather than “stalking.” Both parties appeared and Defendant did not dispute the allegations and a protective order was entered. Three months later, Defendant hired counsel who filed Petition to Vacate, arguing that his constitutional due process rights were violated because Plaintiff checked the “harassment” box instead of the “stalking” box. The trial court denied the Petition to Vacate. 
Standard of Review:Abuse of Discretion.
Analysis:The Court of Civil Appeals held that checking the wrong box on the form did not create any due process or jurisdictional issues.
Outcome:Affirmed.
Vote:Thornbrugh, J. (author); Wiseman, C.J., and Hixon, J., concur. 
Other: Petition for Certiorari denied 8-0.