When people are charged with domestic violence, the person who accused them also files for a victim protective order, commonly known as a restraining order. In challenging times like these, individuals facing charges of this kind often confront additional legal hurdles.
While these orders may not constitute criminal convictions outright, emergency victim protective orders and regular ones are serious and wield significant weight. Hence leading to severe consequences if breached.
At Jacqui Ford Law, we understand the immense stress that can accompany allegations of domestic violence and the need for protective orders. Our Oklahoma City-based criminal defense attorneys have helped clients from diverse backgrounds clear their names and navigate through these challenging situations.
You don’t have to face this alone – we’re here to support you every step of the way.
What Is a Protective Order in Oklahoma?
A restraining order, sometimes referred to as a protective order, is a legally binding court order for someone to stay away from another person.
In Oklahoma, individuals who have experienced domestic abuse, stalking, harassment, or rape can seek protection under the Protection from Domestic Abuse Act. They may file a petition for a protective order with the district court in their county of residence, the defendant’s residence, or where the abuse occurred (Okla. Stat. tit. 22 § 60.2).
A protective order typically prohibits not only physical contact but also threats, harassment, stalking, and all forms of violence toward the victim.
Most often, restraining orders are granted in response to the following actions:
- Stalking someone
- Harassing someone
- Endangering the safety of someone else
- Violent offenses against someone
- The victim is the one who has to request the restraining order as a way to protect him or herself
There are many different places the court can order people to stay away from, including the victim’s workplace and home.
If it’s a domestic violence case, the judge could do the following:
- He or she could order the person who abused the victim to get counseling or go to alcohol or substance abuse treatment.
- He or she could order a police escort for the abuser to remove personal items from the home.
What Constitutes Grounds for Obtaining a Protective Order?
In Oklahoma, individuals facing abuse from a current or former intimate partner, family, or household member can seek protection by filing a petition for a protective order. This applies if the reported individual has committed acts of domestic abuse, harassment, rape, stalking, or any other crime against them, provided they are adult crime victims, not minors. If being stalked by someone outside of the family or household, they may qualify for a stalking protective order.
Additionally, they may petition for a protective order against someone unrelated to them if they are an immediate family member of a victim of first-degree murder or if they themselves are victims of specific crimes such as rape, forcible sodomy, sex offenses, kidnapping, child abuse, assault and battery with a deadly weapon, or any other crime (for adult victims only).
Where Can I Get a Protective Order?
You have the option to obtain a Protective Order from the District Court in the County where either you or the abuser resides or where the domestic abuse transpired. In Oklahoma, protective orders are issued by the District Court. Each County designates an office, typically the Court Clerk or District Attorney’s office, to aid with the necessary paperwork. Obtaining the representation and support of a reliable domestic violence lawyer in Oklahoma state may also be available, depending on which area you’re from.
How Long Do Protective Orders Last?
The protective order remains in force for as long as specified in the document. However, if the document reaches its expiration date, you are required to appear in court to request an extension. The consequences of violating a protective order can be serious.
What Can Happen if You Violate a Protective Order?
Here are the penalties that could be inflicted if a person is found to have violated a restraining order:
- Initial violation: Misdemeanor, up to 1-year jail, $1,000 fine, or both
- Repeat violations in domestic abuse: Felony, 1-3 years prison, $2,000-$10,000 fine, or both
- Violation with physical injury (1st offense): Misdemeanor, 20 days – 1-year jail, $5,000 fine, or both
- Violation with physical injury (subsequent offense): Felony, 1-5 years prison, $3,000-$10,000 fine, or both
Violating a restraining order is usually a misdemeanor, though in certain situations, it may be elevated to a felony charge. Factors that could result in this escalation include whether the violation occurred concurrently with another criminal act, such as vandalism or assault. The person who has requested and received the protective order is strongly advised to carry a copy of the court order at all times.
This is so the victim can immediately show police the order in case of a violation by the aggressor. Then, when this happens, it’s up to the victim to call the police, as the order cannot be enforced without cooperation from the victim. Furthermore, the victim should notify the authorities immediately after the violation happens. Delays in reporting the violation may sometimes hinder law enforcement’s ability to intervene effectively.
Contact Jacqui Ford Law Defense Lawyers in Oklahoma
If you or someone you love is accused of violating a protective order, you need an experienced criminal defense attorney, like Jacqui Ford, to help with your case. Entrust your case with a local attorney with valuable insights into the court system and judges, ensuring the most effective approach within the local legal framework. Don’t hesitate to take action. We offer a complimentary initial and confidential consultation. Contact Jacqui Ford’s office today at 405-604-3200.
