OKLAHOMA : Restraining Order & Order of Protection Information
TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS
Under Oklahoma law, "domestic abuse" is when a family or household member, or someone you have had a dating relationship with:
Domestic abuse can also include the following crimes when they are committed by a family or household member, or someone you have had a dating relationship with:
You can seek legal protection from acts of domestic abuse committed by a "family or household member" against you or your minor child. This means you can seek protection from:
Note: You may file for a protection order against a same-sex partner you are dating or have dated in the past, or one you are currently living with or have lived with previously the past. However, some judges may be more willing to enforce this law than others. You can talk to an advocate at your local domestic violence organization to find out how judges are ruling in your area.
Note: A minor who is 16 or 17 years old can file for a protection order themselves. A minor who is under 16 years old must have an adult family or household member file on their behalf.
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An emergency temporary order
This is a short-term protection order that is granted when the court is closed, such as late in the evening or on the weekends. A police officer or sheriff may file a petition for you to receive an emergency temporary order without the knowledge of the abuser, and without the abuser being present in the court or in custody. An emergency temporary order lasts until the end of the next day that the court is open. To extend the order, on the first day that the court is open for business, you must file for an emergency ex parte order and a final protection order.
An emergency ex parte protection order
This is similar to an emergency temporary order, except that you must file for it yourself at a district court during court business hours. A police officer cannot do this for you. Like the emergency temporary order, you may file for the emergency ex parte order without the abuser's knowledge or presence in the courthouse. An emergency ex parte order protects you until the hearing that you will have for your final protection order, which usually takes place within 20 days.
A final protection order
This offers more extensive protection and for a longer period of time than an ex parte or temporary order. A final protection order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. A final order lasts up to three years. You may also be able to have it extended.
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A final protection order may:
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There are no fees for filing for a protection order.
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Call the police or sheriff, even if you think it is a minor violation. It is a crime and contempt of court if the abuser knowingly violates the order in any way. A judge can punish someone for being in contempt of court. An abuser can be arrested, fined and jailed. The Protection Order is violated if your abuser does not follow every provision in the order. It is a good idea to write down the name of the responding officer(s) and their badge number in case you want to follow up on your case. It is also important to have a copy of the order with you at all times.
You may file civil charges against the abuser for violating the protection order, even if the police don't make an arrest or file criminal charges. Civil charges may be filed in the same court that issued your protection order. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order it will help you have the order extended or modified.
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