Oklahoma takes domestic violence seriously. In situations where there is reason to believe domestic violence may occur between spouses or romantic partners, a protective order may be put into place. Once this order is issued, it is a crime to violate it.
What is a Protective Order?
Also known as a restraining order, protective orders are issued when a petitioner is seeking immediate relief against stalking, harassment, domestic violence, or rape. Once issued, it is a crime for the named defendant to contact the petitioner in any way.
This includes:
- Appearing in the petitioner’s line of sight
- Following the petitioner around
- Speaking, confronting, or even approaching the petitioner
- Appearing at the petitioner’s place of work, residence, or near other personal property of the petitioner
- Any electronic communication – text, email, direct message, calls, or other forms of electronic communication
Because they are meant to be executed quickly they only require the accusing party to be present in the courtroom. As a result, the subject of the order is often not aware of it being issued until after well the fact. The defendant will have a chance to face their accuser in court during what is called a show cause hearing, where they can argue their side of the case.
These hearings usually take place two weeks after the issuance of the order. They’re also where a judge will decide whether or not to make the order permanent. The maximum length for a protective order is five (5) years. Okla. Stat. tit. 22 § 60.4
At the show cause hearing, you will have to prove via a preponderance of evidence that the things you alleged in your petition are true. An Oklahoma protective order lawyer can help you gather and present this evidence.
How to Obtain a Protective Order in Oklahoma
According to the Oklahoma Domestic Abuse Act, victims of stalking, harassment, or rape who are minors aged 16 or 17, emancipated minors, or adults may seek relief. The term “independent” refers to a person who does not work for the government. The petition can also be filed in the county where the incident occurred.
To complete the petition, your family law attorney will request that you gather information on your abuser. The abuser’s name, address, phone number, employment address and phone number, make and model of car, license plate, and any drug abuse or gun ownership history are all information you may be asked to provide.
It is also critical that you be prepared to discuss the most recent incident of abuse with your family law attorney so that it can be described in the complaint. Your attorney will assist you in writing a factual account of abuse that is free of the unnecessary irrelevant information that is common when filing a complaint on your own.
Generally there are no fees for filing for a protective order. An exception would be if the judge finds you filed a frivolous protective order in Oklahoma.
What Happens if You Violate a Protective Order in Oklahoma?
As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, a fine of up to $1,000, or both.
A subsequent protective order violation is treated as a felony, with the punishment being one-to-three years in prison, a fine of $2,000 to $10,000, or both.
If the violation of the order results in physical harm to the petitioner, the penalties are harsher: on first offense, the perpetrator can be found guilty of a misdemeanor, with a punishment of between 20 days to a year in jail, a $5,000 fine, or both; any subsequent violation is treated as a felony, with punishment ranging from one to five years in prison, a fine of $3,000 to $10,000, or both.
Initial Consultation With ann OKC Protective Order Attorney
When your safety is at risk, it’s essential you contact a protective order attorney in Oklahoma City. We provide free initial consultations. Discover how our protective order expertise can help you through a difficult time. Call (405) 880-8222 today for a initial consultation with an experienced OKC protective order attorney. If you prefer e-mail, please use the “Ask the Lawyer” form on the right side of this page.