Have you received service of a protective order? Contact our Oklahoma protective order defense attorney for free information. Our protective order defense attorney can review your case and help you develop the best defense possible to rebut any claims of domestic violence. Further, don’t ignore the court summons or the protective order hearing. If you don’t attend the hearing, a default order of protection will be entered against you. The worst thing you can do is violate a protective order you failed to contest. Contact us for legal assistance with protective orders in Tulsa, Oklahoma.
What is a Protective Order:
Under Oklahoma law, a protective order can issue against a person when a petitioner demonstrates a reasonable fear of physical harm. A protective order, also known as a restraining order, provides for no physical contact between the petitioner and alleged abuser. It requires the restrained subject to maintain a certain distance from the petitioner. It also forbids contacting the petitioner through phone calls, texting, or emails.
There are two types of protective orders that may be issued: temporary and permanent. A temporary restraining order is filed in District Court and is usually filed without the alleged abuser’s knowledge. A temporary protection order is typically filed ex parte and protects the petitioner for a 20 day period, usually until the hearing is heard for a permanent order. Conversely, a permanent protection order hearing occurs to allow the defendant to protest any claims the petitioner asserts. At the hearing the petitioner will have to prove that the alleged abuser committed acts of domestic abuse against him/her. If granted, the order can last for a period of 3 years.
Some victims allege domestic abuse is occurring in order to obtain an order to get an upper hand in a divorce proceeding. It is imperative that you contact an attorney if you receive service of a protective order. A defense attorney can rebut the alleged victim’s claims. Moreover, if an order exists, and a violation occurs, you can face criminal penalties, fines, and possibly serve a jail sentence.
Legal Consequences of Violating Protect Orders:
If in violation of a protective order, the violating party is subject to arrest and resulting charges. Unfortunately, some people abuse the applicability of a protection order. For example, it is possible for spouses to falsely claim domestic violence. If you violate a civil protective order, you will be subject to contempt of court. You can receive charges of a Class 2 Misdemeanor and upon conviction, may serve up to 3 to 12 months in jail and pay a fine of $250 – $1,000. If you violate a criminal protective order, you may receive charges of a Class 1 Misdemeanor, and be subject to serving 6 – 24 months in jail, and pay a possible fine of $500 to $5,000.
Defenses to Violation of Protective Order:
A protective order defense attorney can call witnesses to testify on your behalf to rebut the petitioner’s claims. Consequently, this testimony can be used to discredit the petitioner’s claim that he/she was in fear of physical abuse, or experienced domestic abuse by the alleged abuser. Depending on the nature of the case, an experienced protective order defense attorney may choose to file a reciprocating order against the petitioner to prevent abuse. This results in protecting the alleged abuser from any possible entrapment measures the petitioner may later make.
Hire Our Protective Order Defense Attorney:
Our protective order defense attorney can help you defend against a protective order. Contact us for answers to your questions. We’re here to make sure a protective order isn’t successful against you. Violating a protective order can subject you to criminal liability and jeopardize your career and child custody prospects.
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