Violating a protective order in Oklahoma has serious long-term consequences. It amounts to contempt of court and can be charged as either a misdemeanor or felony-level offense. Any violations also make it more likely that the Judge hearing the protective order will grant the request. This could end in a permanent order of protection. If you are accused of violating a protective order, it is essential that you hire an experienced criminal defense attorney.
Consequences For Violating A Oklahoma Protective Order
Its not uncommon for protective orders to be part of custody and visitation cases. Its also not uncommon for the protective order to be filed by one spouse against another. If you have a protective order issued against you this will seriously impact your child custody case. Violating a protective order can result in incarceration in an Oklahoma county jail, prison, and significant fines. Repeat offenders are subject to more severe penalties. Additionally, orders of protection show up on your background check and can impact employment opportunities in the future.
Any person who has violated an emergency temporary, ex parte, or final protective order can be charged with a misdemeanor, punishable by a maximum fine of $1,000 and up to a year in prison. With many misdemeanor crimes in Oklahoma the initial charge is called a predicate offense. This means that subsequent convictions are enhanced to felony crimes.
If convicted a second time or more, an alleged offender is guilty of a felony. This offense is punishable by a term of imprisonment in an Oklahoma state prison facility for one to three years. Fines related to this offense range from $2,000.00 to 10,000.00. Each violation adds to the risk of incarceration. A felony violation of a protective order also makes removing it from your criminal record much more difficult.
Protective Order Violations Causing Physical Injury
If a protective order violation results in physical injury, the alleged offender can be sentenced to more significant penalties. When sentencing an offender and determining the term of imprisonment required by Oklahoma law, a jury or sentencing judge can consider the degree of physical injury or physical impairment suffered by the victim.
Other Consequences Of Violating Orders of Protection
In addition to any other penalty specified by Oklahoma law, and for every conviction of violating a protective order in the state, an Oklahoma court must also require the defendant to undergo treatment or participate in the counseling services necessary to stop domestic abuse, stalking, or harassment of the victim.
Domestic Violence Counseling And Treatment
Defendants ordered to participate in domestic violence counseling or a treatment program must attend the program for a minimum of fifty-two weeks and complete the program. A program counselor or a private counselor evaluates defendants before they begin and after they complete the program.
Failure To Comply With Court-ordered Counseling
If a defendant fails to comply or consistently attend domestic abuse counseling or treatment, a court can order more counseling, treatment, or other necessary services. If a defendant repeatedly fails to comply or attend, a court can revoke all or part of a suspended sentence and order the defendant to serve the remaining part of the original sentence.
Tulsa Violation of Protective Order Attorney
The attorneys at Kania Law Office are experienced and knowledgeable criminal defense attorneys and are ready to fight for your rights. For more information about how our Tulsa protective order lawyers can help you call (918) 743-2233 or contact us online.