The length of a protective order in Oklahoma depends on some different factors. Understanding what exactly a protective order is and the process will help you understand what’s at stake. A protective order is a legal order issued by an Oklahoma court to protect persons specifically identified in the order from harassment or abuse by a named individual. Its purpose is to provide protection by limiting the conduct of the individual identified in the order. While a protective order is not a form of punishment like a jail sentence or fine, the VPO can result in criminal charges and a potential fine or jail sentence.
How Long Does A Protective Order Last?
An Oklahoma court may issue a restraining order that lasts for any length of time, up to five years. Time that exceeds five years must be addressed in a separate filing. An Oklahoma court may also issue a protective order that is continuous if sufficient evidence is provided. Courts notify the parties at the time of the issuance of the protective order of the duration of the protective order. The order comes with certain restriction’s that are set out in the Courts order. This is usually done after a trial or by and agreement of the litigants.
Five-Year Protective Orders
A protective order in Oklahoma may be issued for up to five years. The order is between family members or other people in close personal relations and deals with domestic violence. A court will determine if the order is necessary and for how long. The order can be extended, modified, or canceled by filing a motion with the court.
Continuous Protective Orders
A protective order may be continued upon a specific finding by an Oklahoma court if:
- The defendant has a history of violating court orders,
- The defendant has a previous conviction for a violent felony offense or stalking, and
- A Victim Protection Order has been issued against the individual in Oklahoma or another state.
As of the summer of 2022, a protective order may only be continuous if one of the four circumstances mentioned above is applicable. However, as of November 1, 2022, a protective order may be continuous if the victim provides proof that a continuous order is necessary for their protection. Thus, no specific form of evidence is necessary. Various forms of evidence may satisfy the requirement that the order is necessary for protection.
Changing The Length Of A Protective Order
The plaintiff or the defendant may make a motion to modify, extend, or cancel a protective order. Once the motion is filed, a hearing will be scheduled. The court has discretion on how the protective order will be handled. The courts primary goal in the hearing is to decide the that the order is being modified for good cause. The Court will also investigate to make sure the change is being done in good faith and without undue influence.
Tulsa Protective Order Attorney Near You
If you have been served with a protective order and facing a violation or are seeking one, contact the experienced family law attorneys at Kania Law Office at 918-743-2233 or contact us online to discuss your legal rights and options. Kania Law Office is ready to assist you with your family law needs, including divorce, child custody, child support, and more.
Tulsa's Local Family & Divorce Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of family & divorce attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.