Requirements for a Protective Order in Oklahoma
If there is someone in your life who is hurting, threatening, harassing, or stalking you, you should consider getting a protective order against them.
After you petition the court and a protective order is granted, that person, as well as people acting on their behalf, must stay away from you at all times.
Jaqui Ford Law is committed to justice for all in Oklahoma City – both for victims of domestic violence and for those who are falsely accused of domestic violence. We want to make sure that no matter your situation, you are protected, and the best way you can be sure of legal protection is by hiring a knowledgeable Oklahoma attorney.
Why Should I Get an Oklahoma Protective Order?
It may seem that a protective order is merely an empty legal gesture, but a violation of a protective order can be used in court to establish that a person is uncontrollable and likely dangerous.
If a violation is proven, then the court may also impose penalties that may include fines or jail time upon the violator.
In Oklahoma, a protective order may remain in force for up to 5 years or without a specified end date. If there is an expiration date, the protective order may be renewed through another hearing.
What Are Oklahoma’s Requirements for a Protective Order?
Anyone can ask the court to issue a protective order, but there are some requirements:
- You must have been physically abused or threatened with physical abuse
- The person who harmed or threatened you must be a family or household member
There is normally no cost to filing a petition for a protective order in Oklahoma.
If, however, the judge determines that the petition is frivolous (i.e. the allegations are false), then the judge may order you to pay court costs and the defendant’s attorney fees.
How do I Get a Protective Order in Oklahoma?
There are 3 kinds of protective orders in Oklahoma:
- Emergency temporary order—this kind of protective order is issued in a violent situation. The responding police officer must recognize that a person is in need of protection and verbally petition a judge because the court is closed. This may only remain in effect until the close of the next business day.
- Emergency ex parte order—in order to extend a temporary parte order, you must file for an emergency ex parte protective order in the county courthouse where you reside. This emergency ex parte order may only remain in effect for 20 days.
- Final order of protection—at the end of the emergency ex parte order, the judge will schedule a hearing that the petitioner and the accused must attend.
It is in your best interest to hire an attorney to handle any paperwork and represent you for the final order hearing.
After the hearing, the judge will decide whether to grant the final order of protection. If so, the final order of protection must be properly served on the defendant in order to go into effect.
It is important to be very detailed in your description of any incidents between you and the other party, no matter how violent or graphic. The more complete the picture, the more likely the judge will grant the petition.
At the hearing for a protective order, the judge may ask both parties questions regarding your past interactions with the other party. It is in your best interest to work with an experienced criminal attorney to prepare for such questioning, particularly if you are being falsely accused of domestic violence.
Contact Jacqui Ford today
Jacqui Ford has been one of Oklahoma City’s most prominent and successful criminal defense lawyers for more than 15 years. She has forged a reputation for protecting the rights of her clients and seeking justice no matter how difficult the circumstances.
If you have been falsely accused of domestic violence and are in need of representation in Oklahoma, call Jacqui Ford today.