Protective orders are legal tools that help individuals stay safe from threats, harassment or abuse. In Oklahoma, the court may issue these orders in cases involving domestic violence, stalking or other harmful behavior.
A protective order is a civil order and does not necessarily indicate criminal guilt. However, if you have been subjected to one, it is essential to follow the order until the court instructs otherwise. Below are some key points to consider.
What is a protective order?
A protective order is a court order that restricts someone from contacting or going near another person. It may prevent them from visiting the protected person’s home, workplace or school. It can also ban calls, texts and social media contact.
The purpose of a protective order is to give someone space and time to feel safe. It is not a punishment. It is a civil order meant to stop unwanted contact.
Types of protective orders
There are a few different types of protective orders in Oklahoma:
- Emergency ex parte order: A short-term order issued without the other person present. It lasts until a full court hearing.
- Final protective order: Issued after a hearing, this can last up to five years.
- Victim protective order (VPO): Often used in domestic violence, stalking or harassment cases.
Each type is based on the situation and what the court believes is necessary for protection.
What happens if a protective order is breached?
Violating a protective order is a criminal offense. A first offense is usually a misdemeanor. It can lead to up to one year in jail and a fine of up to $1,000. If the violation causes injury or if it happens again, the penalties are more severe. Repeat violations can be charged as felonies.
It is essential to follow the terms of any protective order. Even accidental contact may be seen as a violation that can result in criminal charges. Seeking legal guidance can help ensure compliance and protect your rights.