You rights to have guns when a protective order Is filed against you is seriously limited. This is a little known consequence of someone filing a victims protective order against you. Its not even a question if the protective order is issued on a permanent basis or its merely temporary. Even before its proven to be valid guns when a protective order is filed against you are required to be surrendered. This is simply one of many rights that are limited when a victims protective order is issued against someone.
Protective Orders In Oklahoma
A protective order is a court order directing a defendant to follow certain conditions of conduct. The purpose of a protective order is to protect the petitioner and restrain the defendant from committing an act of harassment or domestic violence against the petitioner or others listed in the petition. This order requires that the person named in the order avoid all contact with the person that got the order. This contact includes coming within 100 feet of the petitioner or even emailing or calling the victim. Its important to understand this because any contact might be considered a violation of the order and that could end up in violations of the protective order.
Who Can Obtain A Protective Order?
A protective order in Oklahoma can be used against family and household members, including present and former intimate partners. If there are children and the children belong to the victim and the accused the children can not be on the protection order. If they are they must be removed and an emergency custody case must be filed. The relationship between the people is an important requirement for getting a protective order and is what makes it different than a stalking order.
In stalking and harassment cases, restraining orders can apply to non-family members. In stalking orders the Judge requires that the person asking for the order first file a Police report and provide it to the court. In either case, if the defendant has a weapon, a petitioner can request that the protective order require the defendant to surrender the weapon. An Oklahoma court can order a defendant to turn in all firearms and dangerous weapons to law enforcement. Any restriction includes obtaining an Oklahoma handgun license.
Firearms And Protective Orders
Oklahoma law does not prevent defendants with protective orders from carrying guns. If the protection order does not limit a defendant’s use of firearms, then a defendant can still have and use them. But, Oklahoma courts can restrict the defendant’s use and possession of firearms if the harm pertains to the possession or use of firearms. This is why if the person asking for the protective order has an attorney with them at the show cause hearing the lawyer will ask for certain things. One of those things is usually that However, the court can issue an emergency order if it is necessary to protect the victim from the immediate danger of domestic abuse, stalking, or harassment. If the defendant ignores the order and possesses or uses a gun, the defendant can be charged with a criminal offense.
Federal law generally prohibits a defendant named in a protection order from possessing a firearm or ammunition if it has traveled across state lines or affected interstate or foreign commerce. Federal law provides penalties for possessing, transporting, shipping, or receiving firearms or ammunition while subject to a court order. A defendant can be penalized with fines up to $250,000 and imprisonment for up to 10 years.
How Long Does A Protective Order Last?
An emergency protective order remains effective until the court conducts a full hearing, usually within fourteen days of the petition filing date. An Oklahoma court must grant or deny a final protective order within six months of service on the defendant. However, the parties can agree to keep it in effect.
A final protective order remains in effect until the expiration date listed in the order, but they can last up to five years. The protective order can be extended, modified, or rescinded by the court if one party requests it or the parties agree. However, there are exceptions to the five-year rule. For example, if the defendant has previously been convicted of any violent felony offense or felony stalking, the Oklahoma order may continue indefinitely.
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Oklahoma Protective Order Attorneys in Your Corner
Your right to own guns when a protective order is filed against you is not the only right being impacted. A protective order has far reaching implications. It doesn’t just end by the people involved simply being ordered to refrain from contact. A protective order is a showing of domestic abuse that will follow the person that its issued against. This showing not only impacts your 2nd amendment right but is a public record that follows you through life. The seasoned protective order attorneys at Kania Law Office are experienced in handling cases just like yours. Call and get a Free and confidential consultation with our Oklahoma protective order attorneys at (918) 743-2233 or contact us online.