Protective orders are designed to provide safety and peace of mind to domestic violence victims. However, filing for one isn’t as simple as submitting a document to the appropriate authorities. If you want to receive this critical layer of legal protection, it’s essential to understand exactly how protective orders work in Oklahoma.
What Is a Protective Order?
A protective order, sometimes called a restraining order, is a legal document issued by a judge that restricts an abuser from doing certain things, including:
- Contact you in person, by phone, or online
- Coming to your home, workplace, or school
- Threatening, harassing, or stalking you
Violating a protective order is a serious crime in Oklahoma. First-time offenders face up to a year in jail and $1,000 in fines, and subsequent offenses incur even harsher punishments.
Who Can File for a Protective Order?
You may qualify for a protective order if you have experienced:
- Domestic Abuse – This includes physical harm, threats, or attempts to harm by a spouse, ex-spouse, intimate partner, or family member.
- Harassment or Stalking – Repeated, unwanted contact or surveillance that causes fear or distress may be grounds for a restraining order.
- Sexual Assault – This includes not only unwanted sexual contact but also any attempts at sexual assault.
Steps to File a Protective Order in Oklahoma
If you believe an order of protection is necessary for your personal safety, you’ll need to take the following measures:
Step 1: Go to the Court Clerk’s Office
Protective order petitions are filed at the district court clerk’s office in the county where you live, where the abuser lives, or where the abuse occurred. Most courthouses have forms available, and clerks can help you complete them.
Step 2: Complete the Petition
The petition will ask for information, such as the abuser’s name and relationship to you, a description of the abuse or threats, and the kind of protection you’re requesting. It’s essential to be as detailed as possible when describing incidents of abuse so that the judge fully understands the extent of the danger you may be in.
Step 3: Ask for an Emergency Protective Order
If you feel you’re in immediate danger, you may request an Emergency Temporary Order of Protection. A judge can issue this on the same day without notifying your abuser first. This way, you’ll remain protected until a full hearing is scheduled.
Step 4: Attend the Court Hearing
After you file for a protective order, the court will set a hearing, typically within 14 days of filing. You must attend this hearing and present evidence of the abuse. The accused will also have the opportunity to attend and respond. If the judge finds sufficient grounds, a final protective order may be issued.
Step 5: Enforce the Order
Once the order is granted, keep a copy with you at all times. If needed, provide copies to your school, children’s daycare, or workplace. If the abuser violates the order, call law enforcement right away.
How an Attorney Can Help with a Protective Order
Unfortunately, judges don’t always grant protective orders, even when they’re warranted. This can happen for various reasons, most of which you can easily avoid by working with an experienced attorney. Your attorney can help by:
- Preparing your petition accurately and thoroughly
- Representing you in your hearing
- Ensuring your rights are protected throughout the process
If you need a protective order, the experienced family law attorneys at Talley, Turner, Stice & Bertman will fight to defend your legal rights and your safety. We can build a compelling case, advocate aggressively for your protection before the judge at your hearing, and then help you enforce the order if needed. Contact us today for your consultation.