| 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. |
