Were you served with a restraining order in Oklahoma City, Oklahoma? An Oklahoma City restraining order attorney at Overman Legal Group can help you understand what the order requires and prepare for the court proceedings ahead. Contact us at (405) 605-6718 to schedule a free consultation.
Oklahoma generally refers to these orders as victim protective orders, or VPOs. Although a protective order is a civil court order, violating one can lead to criminal charges. Our attorneys have 40 years of combined experience and can help you respond to the allegations while protecting your rights and interests.
Why Choose Overman Legal Group for Help With a Restraining Order in Oklahoma City, OK?
A protective order can affect where you live, who you may contact, and other parts of your daily life. If related criminal allegations are also pending, the situation can become more complicated quickly. Protective order cases often overlap with criminal investigations. An allegation of domestic violence, stalking, harassment, assault, or another offense may lead to both a criminal case and a request for a VPO.
The Oklahoma City restraining order attorneys at Overman Legal Group focus on criminal defense and represent people facing serious accusations in Oklahoma City, OK. Our attorneys are lifelong Oklahoma residents with 40 years of combined experience, including serving on both sides of criminal cases as prosecutors and public defenders.
A protective order proceeding can move quickly. An Oklahoma City criminal defense attorney can evaluate both matters together rather than treating the protective order as an isolated problem. Contact us today to discuss your situation and learn more about what to expect next.
What Is a Restraining Order in Oklahoma?
Under Oklahoma’s Protection from Domestic Abuse Act, a person may seek a protective order in circumstances involving domestic abuse, stalking, harassment, rape, and certain other crimes. Oklahoma law also allows certain people to seek protection on behalf of a minor or an incompetent family or household member.
The person seeking the order is generally called the petitioner or plaintiff. The person against whom the order is requested is the defendant or respondent.
A VPO is intended to restrict conduct rather than decide guilt in a criminal case. Depending on the order, a defendant may be directed not to contact, threaten, stalk, harass, or approach the protected person.
Who Can Request a Protective Order in Oklahoma?
Oklahoma law permits a victim of domestic abuse, stalking, harassment, rape, or certain other crimes to seek relief under the Protection from Domestic Abuse Act. People who are 16 or 17 years old may also file on their own behalf, and qualifying adults may file on behalf of certain minors or incompetent household members.
Domestic abuse protective orders commonly involve current or former spouses, dating partners, relatives, people who live or previously lived together, or people who share a child. Protective orders can also be available in certain stalking and harassment cases involving people who do not have a family or dating relationship.
The exact filing requirements can vary depending on the relationship between the parties and the conduct alleged. For example, Oklahoma law requires a law enforcement complaint in some cases involving parties who are not family or household members or current or former dating partners.
What Happens After Someone Files for a Protective Order in Oklahoma City?
A petitioner can file a request for a protective order with the appropriate district court. Oklahoma law permits filing in certain counties connected to the petitioner, defendant, or alleged domestic violence.
If the petitioner claims to face an immediate and present danger of domestic abuse, stalking, or harassment, the court may consider a request for an emergency ex parte order. If the petition states sufficient grounds, the court holds the ex parte hearing on the day the petition is filed.
An ex parte hearing can occur without the defendant being present. That does not mean the allegations have been finally decided. Instead, the order is intended to provide temporary protection until the court can conduct a full hearing.
The defendant must be served with the petition, hearing notice, and applicable emergency order. Once you have been served, read every provision carefully. Do not assume that contact is permitted merely because the petitioner initiates it.
How Long Does a Protective Order Last in Oklahoma?
An emergency ex parte protective order generally remains effective until the full hearing is conducted. A final protective order issued after notice and a hearing ordinarily remains in effect for a fixed period of five years unless the court extends, modifies, vacates, or rescinds it.
In certain circumstances, a court can issue a continuous protective order. Oklahoma law allows this when the court makes specified findings, which may involve a history of violating court orders, certain felony convictions, prior protective orders, or a history of domestic violence or other violent acts.
Because a final order may remain in place for years, the hearing deserves careful preparation. The Oklahoma State Courts Network provides the state’s current final protective order form and information about the restrictions a court may impose.
What Happens If I Violate a Protective Order in Oklahoma?
Violating a protective order can turn a civil matter into a criminal case. A person who has been served with an emergency temporary, emergency ex parte, final, or qualifying foreign protective order and violates it may face a misdemeanor. A first conviction is punishable by up to one year in county jail, a fine of up to $1,000, or both.
A second or subsequent protective order violation after a prior conviction is a felony. Oklahoma law provides increased punishment in some situations, including cases in which a violation results in physical injury.
The safest approach is to follow the order exactly while it remains in effect. A protected person cannot give you legal permission to disregard the court’s restrictions. Only the court can change, vacate, or rescind its order.
If you are accused of a violation, contact a lawyer before making statements about what happened. Overman Legal Group also represents clients facing Oklahoma City domestic violence allegations and other criminal charges that can arise from the same events.
Can I Fight a Protective Order in Oklahoma City?
Yes. Being served with a petition does not mean a final protective order will automatically be entered.
The appropriate response depends on what the petitioner alleges and what evidence exists. Issues that may be relevant include whether the alleged conduct occurred, whether communications have been taken out of context, whether witnesses are reliable, and whether the evidence satisfies the requirements for the relief being requested.
A respondent may also have records or witnesses that contradict important parts of the petition. The goal is not simply to deny every allegation. A useful defense focuses on the facts that can be supported with evidence.
An Oklahoma City restraining order lawyer can help identify those issues and present your position at the hearing.
What Should I Do If I Am Served With a Protective Order?
First, read the entire order. Pay particular attention to restrictions involving contact, locations, firearms, and other conduct.
You should also:
- Save the petition, order, and hearing notice
- Preserve relevant texts, emails, photographs, videos, and call logs
- Avoid direct or indirect contact that the order prohibits
- Stay away from locations identified in the order
- Write down the names of potential witnesses
- Note the hearing date and appear as required
- Speak with an attorney about related criminal allegations
Do not rely on informal agreements with the petitioner. Even if the petitioner contacts you first or says the order no longer needs to be followed, the court order remains controlling until a judge changes it.
Contact an Oklahoma City Restraining Order Attorney for a Free Consultation Today
A protective order can impose immediate restrictions before the underlying dispute is fully resolved. Ignoring the paperwork or violating the order can make the situation considerably worse.
Overman Legal Group has 40 years of combined experience handling criminal defense matters in Oklahoma City, OK. Our attorneys can review the protective order, prepare for the hearing, and address any related criminal allegations.
Contact an Oklahoma City restraining order attorney at Overman Legal Group today to schedule a free consultation and discuss your next steps.
