Civil courts issue protective orders to order an individual who is harassing, abusing or stalking someone to cease such behavior or face court punishment. Anyone can apply for a protection order at any point in time as long as a couple requirements are met. Protective orders last for varying amounts of time. In most cases, such orders last upwards of three years. It does not matter if criminal charges have not yet been filed against the individual doing the harassing. Nor does it matter if you have secured a Temporary Protective Order as a component of a criminal proceeding. Meet with an attorney, have a protective order filed and you will be that much safer.
How to get a Protective Order in Oklahoma
If you are worried about someone harming, s talking or otherwise bothering you, do not live the rest of your life in fear. Be proactive by obtaining a protective order. The first step is to meet with an attorney to discuss the matter. The process starts with requesting a petition for a final protection order from the closest district court. If immediate protection is necessary, you will need an emergency ex parte order. You will have to show identification to prove your identity and also provide identifying information about the individual who is harassing or abusing. Bring items such as photos of the abuser, phone numbers, address, license plate number and other identifying information.
Your attorney will help you fill out all the proper forms. Court forms are an opportunity to detail the incident(s) that led you to file for a protective order. Describe exactly what happened, even if it is graphic, violent and disturbing. The more specific you are in detailing the events of abuse or harassment, the better the chances are of obtaining the protective order. Include the date of the event, witnesses and other details to help the court understand exactly what has led you to take legal action. The judge will review the petition and possibly pose some questions. Our legal team is here to help you prepare for all potential inquiries and help you obtain the protective order as soon as possible.
Once the protective order is granted, it will only prove valid if it is served on the abuser. This means the abuser must be served with the paperwork detailing the protective order. If the abuser is not properly served, he or she will have no idea you have obtained a protective order.
Emergency Ex Parte and Permanent Orders
If you feel as though you are in immediate danger or if the abuser/harasser is overly persistent, you can request an emergency ex parte order even without the presence of the abuser at the hearing. The court does not permit a police officer to file such an order on your behalf. Our legal team is here to help you every step of the way. Alternatively, you someone has filed a protective order against you without cause, we can help you obtain justice. Once an emergency ex parte order is filed, it protects the individual in harm’s way until the hearing for the final protection order that typically occurs in the next 20 days.
Permanent protective orders can only be issued following a court hearing where the abusers and the party seeking the protective order can explain their side of the story. If a final order is granted, it will last upwards of three years. However, there is the potential to have a permanent protective order extended even farther out based on the unique circumstances of the case in question.
Be as Detailed as Possible When Requesting a Protective Order
The court requires a considerable amount of detail when someone requests a protective order. Explain exactly what has happened in terms of injuries, scars, medical reports, the latest incident, the abuser’s current location and the times at which he or she will be at the address. Furthermore, if the abuser might be armed with a firearm, knife or other weapon, the court should be informed of the potential danger as papers must be served in person.