Explaining The Difference Between a Protective Order And a Restraining Order In Oklahoma

A Protective Order And a Restraining Order in Oklahoma are two different types of court orders. Many people use the terms “protective order” and “restraining order” interchangeably, but they are distinctly different from each other. Although they are similar legal tools the two have a different purpose and are used in different situations. If you are facing a situation involving potential harm understanding the difference between the two helps insure that you get the kind of legal relief appropriate for you.

What Is a Protective Order in Oklahoma?

A protective order is a court order designed to protect individuals from physical harm, threats, stalking, harassment, or domestic violence. For jurisdiction to attach in the case of a protective order there must be a family relation between the parties. An example of family relation is typically found in cases involving family or household members. This includes spouses ex spouses boyfriends and girlfriends or other intimate partners.

Common Types of Protective Orders

1. Emergency Temporary Protective Order (EPO) – Issued when law enforcement or the court determines there is an immediate danger to the victim. This order remains in effect until the petitioner can appear before a judge.
2. Ex Parte Protective Order – A short-term order granted without the abuser being present in court. This is the first step to get a Ex-Parte order in Oklahoma. This order is in effect until a trial between the parties is heard by the Judge. Before being enforceable the protective order must be served on the alleged abuser.
3. Final Protective Order – Issued after a trial on the merits of the allegations set out in the protective order. hearing where both parties can present evidence. The trial can involve protective order attorneys or can be put on without an attorney. The parties usually call witnesses or present evidence supporting their position. If the order is granted it can stay in effect for as long as five years.

Obtaining a Protective Order in Oklahoma

• The petitioner must file a request with the district court. This involves presenting your case to the protective order judge.
• The court may grant an ex parte order immediately if there is an imminent threat. Its imp[ortant that a family relation exists between the person seeking the protection and the alleged perpetrator.
• A trial will be scheduled, during which both parties can argue their case. Although the rules of evidence are relaxed for this trial they still exist. This means that certain evidence may or may not be admitted. An example is restrictions on hearsay evidence.
• If granted, the order will include restrictions on contact, residence, and firearm possession for the respondent. Any violations of a protective order or VPOs are criminal in nature and may subject the violator to jailtime.

What Is a Restraining Order?

A restraining order is a broader legal order that can be used in civil cases involving business disputes, property conflicts, divorce proceedings, or other non-criminal matters. Unlike a protective order, a restraining order does not necessarily require a history of violence or threats.

Types of Restraining Orders in Oklahoma

1. Temporary Restraining Order (TRO) – A short-term order issued to prevent a party from taking specific actions, such as selling property or contacting a certain individual.
2. Permanent Injunction – A long-term order that may be issued after a hearing to prevent ongoing or future harm.

How to Obtain a Restraining Order in Oklahoma

• A party must file a petition in the appropriate court, typically as part of an ongoing civil case.
• The judge may issue a TRO if immediate relief is necessary.
• A hearing will be held to determine whether a permanent restraining order should be granted.

Differences Between Protective and Restraining Orders

Orders	Protective Order	Restraining Order
What Its For	Protects people in a family relationship from threats, harassment, stalking, or other violent acts.	A part of a civil suit. Examples include divorce or child custody, business law disputes or all other civil court matters.
Who Can File?	Family relations involving threats of harm, stalking or other harassment.	Anyone that’s a party to a civil case
How Long	Temporary or until a trial on the merits. Could last up to five years.	Temporary or permanent, but fact dependent.
How To Get It	In the district court where the need for protection arises from. Requires a hearing on the merits before being issued on a permanent basis	Filed in civil court as part of a lawsuit or other legal proceeding
Violations	Violation of the protection order is a crime starting as a misdemeanor or a felony depending on the facts.	Violation may result in civil contempt if the violation is willful. Range of punishment from attorney fees to potential jail.

Get a Free Consultation With an Oklahoma Attorney

If you need assistance with obtaining a protective order or restraining order in Oklahoma, our Tulsa attorneys know what to do. Contact the Tulsa protection order and restraining order attorneys at Kania Law Office. Call 918.743.2233 or follow this link for an online legal consultation.