Alford v. Garzone – Case Brief Summary (Oklahoma)

In Alford v. Garzone, 1998 OK CIV APP 105, 964 P.2d 944, 948, the Oklahoma Court of Civil Appeals upheld the constitutionality of a statute authorizing attorney fees to a person who obtained a protective order under the Protection From Domestic Abuse Act, but not to a person who successfully defended the entry of a protective order.

The court noted the serious problem of domestic violence, which had wide-ranging ramifications and was an issue of "broad public interest." Id., 964 P.2d at 948.

The compelling state interest of encouraging victims of domestic violence to pursue their legal remedies without the threat of attorney fees being awarded against them if an order was not entered justified the classification. Id., 964 P.2d at 948.