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If someone is a victim of domestic violence in Oklahoma, they can obtain a restraining order against the alleged offender to protect themselves from further abuse. Also known as a protective order or order of protection, a restraining order prohibits the offender from contacting the victim and anyone close to him/her, visiting certain locations the victim and those parties frequent, and even possessing or owning a firearm.
The following are the three types of domestic violence restraining orders in Oklahoma:
- Emergency temporary order of protection – If a domestic violence incident occurs in the late evening or during the weekend, a police officer or sheriff can obtain this type of restraining order on behalf of the victim – even though the court is closed. The law enforcement official will notify a judge and let the victim know if the order is approved. An emergency temporary protective order is valid until the next court hearing, which generally takes place within 14 days.
- Emergency ex parte order of protection – During normal court business hours, a domestic violence victim can file a petition for this type of restraining order at a district court – without the abuser’s knowledge or presence in court. If the judge believes the order must be issued to protect the victim from imminent and present danger of domestic violence, then the order will be approved. Again, this order lasts until the next court date or within 14 days, whichever occurs sooner.
- Final order of protection – A court hearing will be held and both parties will have an opportunity to present evidence and argue their cases. If a judge rules in favor of the victim, the final protection order lasts up to five years. However, a final order may not include a specific end date if the abuser as a history of violating orders, a prior conviction for a felony violent or stalking offense, or the victim has previously obtained a final order in another state.
A first offense for violating a restraining order in Oklahoma is a misdemeanor, punishable by a jail sentence of up to one year and/or a maximum fine of $1,000. A second or subsequent offense is a felony, which carries a maximum prison term of three years and/or a fine of up to $10,000.
Whether you are interested in obtaining a restraining order or need to defend yourself against criminal charges, look no further than our Norman legal team at Nichols Dixon PLLC. Contact us today at (405) 294-1511 to learn about your available legal options.
