Oklahoma Protective Orders Laws

When someone is suffering abuse in Oklahoma, victims can use a court order to get relief. Protective orders are a common method of keeping the abuser away from a victim. These restraining orders list provisions that tell the abuser what they can and cannot do. They can also require certain actions as well.

Oklahoma protective orders are available for victims of crimes that include domestic violence, stalking, sexual abuse, kidnapping, and assault and battery. It’s not always easy to know which protective order to apply for. This guide explains Oklahoma‘s restraining orders and helps you determine which one you need.

How Protective Orders Work in Oklahoma

In simple terms, a protective order contains case-specific conditions designed to protect the victim by threatening the abuser with criminal penalties for violations. While often effective, these types of restraining orders are not foolproof. A court order doesn’t offer the same level of protection as the abuser being incarcerated or the victim having moved to a hidden location.

Still, the threat of penalties, including jail time for a first offense, can serve as an effective deterrent. Protective orders in Oklahoma are also known as Victim Protective Orders (VPOs). There are variations based on the people involved and the crimes committed. For the most part, protective orders in Oklahoma are applied for and function the same way.

What an Oklahoma Protective Order Does

A protective order is a court order with conditions that will be specific to your case. Your restraining order may have different conditions than another one you’ve seen before. Some provisions are written into Oklahoma law and are common inclusions:

• The abuser cannot harass or intimidate the victim
• The abuser must vacate and stay away from any residence of the victim
• The abuser must obey a no-contact order, which includes social media
• Awarding temporary custody of a minor child to the victim
• The abuser cannot harm, take, or mistreat any family pets
• The abuser cannot pretend to be the victim for any reason
• The court can order a wireless provider to switch billing of the victim’s phone to the victim
• If temporary child custody is involved, the defendant must abide by any visitation decrees
• The defendant may have to obey federal law concerning firearm possession even if the Oklahoma protective order doesn’t have a provision for it

This is not an exhaustive list. A protective order may use some, all, or none of the conditions on the list. The court can add any provision necessary for the victim’s safety.

How To Get a Protective Order in Oklahoma

There are slight variations based on the exact type of protection you’re petitioning for. Application forms are available online or at your county courthouse. There are three types of Oklahoma protective orders, based on duration and other factors.

If you’re in immediate danger, call 911. The responding law enforcement officer can apply for an emergency ex parte protective order, even if the courts are closed. An emergency protective order gives the victim protection until the end of the next judicial day.

Before it expires, the victim (petitioner) needs to file their petition with the court. A court clerk will take a copy of the petition to a judge. They will review the application, often on the same day. They may have questions for you. If they agree that a threat of abuse or violence exists, a temporary ex parte protective order is issued. The abuser (defendant) doesn’t need to be questioned for this (ex parte).

Law enforcement officers will attempt to serve the defendant with the order within 24 hours. The temporary order lasts 14 days after service or until the case hearing. If there’s difficulty serving the defendant, the 14-day period is extended. When a custody order for a minor child is involved, the court hearing occurs within 72 hours of service.

Depending on your situation, the requirements for obtaining a final protective order may differ. If you’ve applied for a domestic violence protection order, you don’t need a police report. For those dealing with domestic violence, there’s a wealth of useful information in FindLaw’s Oklahoma Domestic Violence Laws article.

If your abuser is not a family member, household member, or someone you’re dating or have dated in the past, you’ll need a police report to get a final protective order. The criminal acts that qualify are:

• Forcible sodomy
• Assault and battery with a deadly weapon
• Rape
• Sexual offenses
• Kidnapping
• For an immediate family member of someone who suffered first-degree murder

At the protective order hearing, the petitioner and the defendant can tell their side of the story, call witnesses, and present evidence. The defendant’s criminal record is considered as well. A final protection order is issued if the court feels the threat is ongoing. It lasts for up to five years. An order with no end is possible if the defendant has felony convictions.

Protective orders are good anywhere in Oklahoma. They’re also valid on all American soil under the Violence Against Women Act (VAWA). Keep a copy of your protective order with you at all times. Under certain conditions, a defendant can have the record of a protective order expunged.

Note that Oklahoma doesn’t have an extreme risk protective order. Most states have one to help a person with firearms who is considered a risk to themselves and others, but Oklahoma doesn’t. In fact, there’s a law forbidding funding for it.

Penalties for Violations of Oklahoma Protective Orders

Those who violate an Oklahoma protective order will face stiff penalties. If you’re a victim with a protective order in place, make sure you call law enforcement when your abuser violates the order. Threatening to violate the order is a violation as well. Don’t hesitate. Call a law enforcement officer at once.

Jail time is possible for a first offense. Penalties increase for subsequent violations and for injuries caused. These include:

• First violation (misdemeanor): A fine of up to $1,000 and up to one year in county jail
• Any additional violations (felony): A fine of between $2,000 and $10,000 and between one and three years in the custody of the Department of Corrections
• First violation with physical impairment or physical injury (misdemeanor): A fine of up to $5,000 and between 20 days and one year in county jail
• Any additional violations with physical impairment or physical injury (felony): A fine of between $3,000 and $10,000 and between one and five years in the custody of the Department of Corrections

The court can also impose other punishments. These can include anger management classes, domestic violence treatment programs, and wearing a GPS tracking system at the defendant’s expense.

Oklahoma Protective Orders Laws: Related Resources

• Oklahoma Domestic Violence Laws
• Futures Without Violence
• Restraining Order Basics
• Oklahoma Court Locator Portal
• National Domestic Violence Hotline (1.800.799.7233)

Questions About Protective Orders in Oklahoma? Talk to an Attorney

Protective orders can keep you from suffering mental or physical harm from abusers like an ex-spouse. It’s normal to experience confusion when figuring out which one is for you. If you require legal advice, speak with an Oklahoma domestic violence attorney.

If you’ve been served with a protective order for a sex offense or any other crime, it’s a good idea to meet with an Oklahoma criminal defense attorney. They can examine your case, explain your options, and represent you in court.