Also referred to as restraining orders, protective orders are used as a way to prevent violence between two parties with a history of acrimony. They’re typically issued by family court judges during divorce or child custody proceedings.
Protective orders can have serious legal consequences when violated and are sometimes abused. Read on to learn more.
What to Know About Protective Orders in Oklahoma
are filed when the petitioner is seeking immediate relief from harassment, intimidation, or violence.
A protective order forbids any kind of contact between the petitioner and the subject of the order.
This can include:
- Communication (calling, texting, or sending email);
- Stalking;
- Threatening;
- Harassing;
- Destroying personal property; or
- Disturbing the peace of the protected person.
An Oklahoma restraining order can also prohibit being within 100 yards of where the subject:
- Lives;
- Works;
- His or her children’s schools or places of child care;
- His or her vehicle;
- Other important places where he or she goes.
Violation of a protective order in Oklahoma is a misdemeanor on the first offense. It is punishable by up to a year in county jail, a $1,000 fine, or both.
Because these orders are often issued in the context of marital conflict or acrimonious divorces, repeat violations are not uncommon. Any subsequent violation of a protective order is treated as a criminal offense. The perpetrator faces one to three years in prison, a fine of $2,000 to $10,000, or both. Even more serious consequences can follow if the violation entailed physical injury to the petitioner: up to 20 years in prison, a fine of up to $5,000, or both. Okla. Stat. tit. 22 § 60.6
How to Fight a Restraining Order in Oklahoma
Unfortunately, protective orders are sometimes abused for feuding spouses trying to obtain tactical advantage during these proceedings, or even just out of spite. If you’ve been served with a frivolous protective order in Oklahoma, contact an Oklahoma City protective order defense lawyer to learn what your options are.
Before the temporary order becomes permanent, you have the right to your day in court to make your case against the order. At that court appearance, your OKC restraining order defense attorney might offer evidence that the petition for a protection order did not follow standards of Oklahoma law. The weight of evidence and how it is presented determine the likelihood of success at a protective order hearing.
When the evidence and the law are on your side, an experienced Oklahoma restraining order defense lawyer can advise you on the best method to win your case.
Initial Consultation With ann Oklahoma City Protective Order Attorney
Violation of a protective order can bring serious ramifications. Before defying what you believe to be an illegitimate order, contact a restraining order defense attorney in Oklahoma City. An protective order attorney in OKC will know the system and how to best fight the order – without you risking damaging legal consequences.
For a initial consultation with an experienced Oklahoma restraining order defense attorney, call 405-880-8222 today.
If you prefer e-mail, send us your question using the “Ask the Lawyer” form on the right side of this page. Whichever method you choose, an protective order lawyer in Oklahoma will get back to you shortly.