Protective Orders in Oklahoma
What is a protective order?
A victim protective order is essentially a no contact order by a judge that is enforceable by the police. If a violation of the order takes place, the police have the power to arrest the person. This affords some measure of safety to the victim.
What are the grounds for a protective order in Oklahoma?
Domestic abuse, harassment, and stalking are all legal reasons which may entitle you to a protective order against a person in Oklahoma.
Do I have to be in a relationship with the person to get a protective order?
No. A protective order may be filed against any current or former household member, family member, or person you have dated. If the person you are seeking a protective order in Oklahoma against is not one of the above, the only grounds for a protective order you can seek is stalking.
Is domestic abuse the only ground for a protective order in Oklahoma?
No. While domestic violence is perhaps the most common reason for a protective order it is not the only ground. Harassment and stalking can also be a basis for a protective order but can be more difficult to prove.
What is stalking?
Generally, stalking consists of the repeated unwanted contact from a person which is intended to intimidate or harass another. A common misconception is that in order for stalking to have occurred, it must involve a person following you. While following someone can be a reason for a protective order in Oklahoma, it is not the only form of stalking. It can occur through electronic means, such as text messages and phone calls, or by the stalker’s physical presence in the case of following.
What are the benefits of hiring an attorney?
While you can attempt to get a protective order on your own, your chances of actually obtaining one increase dramatically if you hire an attorney. Because of the serious nature of violence and the risks involved, it is important you maximize your chances of being granted a protective order so hiring a qualified attorney is essential.
For the wrongly accused:
Unfortunately there is a perception that obtaining a protective order can give an advantage in a child custody proceeding. This sometimes leads to people filing protective orders without reason in an attempt to gain leverage over the other person. A lawyer can dramatically increase the likelihood you will be vindicated. If you find yourself the victim of a wrongfully filed protective order, you should contact an attorney immediately.
How are violations of a protective order handled?
Once a protective order has been issued against a person, a violation of the order is a crime under Oklahoma law. If a violation has occurred you should contact the police immediately. If the police find that the violation occurred, the violator will be arrested and the district attorney may press charges.
Firearms – What if I am in the military?
Federal law prohibits anyone with a protective order issued against them from carrying firearms or ammunition, which often interferes with military service. This will usually end with a discharge of a member of the armed services if they are subject to a protective order.