A emergency protective order in Oklahoma helps provide security to victims of abuse and to individuals who suspect they will be victims of abuse without legal protections. There are three different categories of protective orders in Oklahoma. It is crucial for anyone who fears for their safety to understand whether they have the right to obtain any of these orders. Individuals facing restrictions based on a protective order will also want to understand the implications as they pertain to child custody and potential criminal charges and defending against the order itself.
Emergency Protective Order Categories
It is possible for an individual to seek an emergency temporary order of protection if they are victims of domestic abuse. These individuals may obtain this protection even when the courts are closed. If you are seeking this form of protection, you should speak to a police officer and request a petition. The officer can help you complete that document and should inform a judge regarding your request.
The alleged abuser need not know about your attempt to obtain this order. Once you obtain an emergency temporary order of protection, the police will inform the alleged abuser regarding the order and the restrictions placed on that person.
An emergency temporary order of protection will only last until the next court appearance. Typically, the appearance should take place within no more than fourteen days of your petition.
If you file a petition when the courts are open, you can seek an emergency ex parte order of protection. Again, the court has the authority to issue this type of protection even when the abuser is not present in court. A judge will only issue this order if they believe it is necessary to protect you from immediate and present risk of domestic abuse, harassment, or stalking. Similar to an emergency temporary order of protection, this order will only last until the final hearing day. The hearing should take place within fifteen days of the original emergency ex-parte order of protection.
The final protective order will remain in effect for up to five years or last continuously without any stated end date. The court will only enter a final protective order after a hearing in which the alleged abuser has the opportunity to make an appearance and present their own evidence. Most cases will lead to a five-year order of protection, but in certain circumstances, such as the following, courts may award an order that lasts indefinitely:
- The alleged abuser previously violated court orders
- The alleged abuser previously committed a violent felony or felony stalking
- The alleged abuser has a previous protective order issued against them
If the court orders a five-year order of protection, the victim can seek an extension. Individuals who requested a protective order can ask to vacate that order sooner than the document expires.
What Does The Restraining Order Accomplish?
Protective orders help to prevent harassment, harm, and intimidation. The court order may state that the alleged abuser or potential abuser cannot contact the petitioner and certain members of the petitioner’s family. The restrictions may include places that the alleged abuser cannot visit, and prohibit some or all forms of communication between the alleged abuser and the petitioner. Violations of a protective order can lead to severe legal penalties.
Child Custody and Emergency Protective Order
If a parent who gets a protective order puts the child on the protective order the Court will require the parent to file an emergency custody case. If this isn’t done the Judge will remove the child from the protective order and only leave the filing parent on it. This is because the family law statutes in Oklahoma will not allow parents to use protective orders as a means of ordering child custody. In a divorce or paternity case that comes with a protective order the courts will consolidate the two issues and hear the protective order issue in the temporary order hearing or at a time at the courts discretion.
Restraining Order Attorneys Near You
If you are seeking a protective order or defending against someone else’s attempt to obtain one against you, then you should discuss your circumstances with an experienced attorney. For more information, touch base with the family law attorneys at Kania Law Office by calling (918) 743-2233 or by contacting us online.