Your Rights and Defense Options for A Protective Order
Protective orders, commonly known as restraining orders, can be powerful tools in preventing interpersonal violence. However, there are instances where these orders are misused to gain advantage in divorce proceedings, influence child custody decisions, or even embarrass the other party in a dispute. If you have been served with a temporary restraining order or an emergency protective order, it is crucial to seek the guidance of a knowledgeable Tulsa protective order defense attorney to understand your rights and the potential consequences if the temporary order becomes permanent.
Protective Order or Emergency Protective Order?
The Oklahoma statute for protective orders is primarily outlined in Okla. Stat. Tit. 22, § 60.1. This statute establishes the legal framework for obtaining and enforcing protective orders, also known as orders for protection.
Under Section 60.1, a protective order may be granted by a court if it is determined that an individual is a victim of domestic abuse, harassment, stalking, or rape. The purpose of the protective order is to provide legal protection and assistance to the victim, ensuring their safety and preventing further harm.
In Oklahoma, the statute governing emergency protective orders is found in Okla. Stat. tit. 22 § 60.2 of the Oklahoma Statutes. This statute outlines the process and provisions related to emergency protective orders, also known as EPOs.
Under Section 60.2, an emergency protective order may be issued by a judge or magistrate if there is a reasonable belief that a person is in immediate and present danger of domestic abuse, harassment, stalking, or rape. The order can provide temporary protection for the victim by prohibiting the alleged perpetrator from having any contact with the victim and may include other provisions to ensure the safety of the victim.
The duration of an emergency protective order can vary, but typically it is effective for a short period, such as 7 days. However, the order may be extended if necessary. It’s important to note that an emergency protective order is a temporary measure and is meant to provide immediate protection until a full hearing can be held.
To obtain an emergency protective order, the victim or someone on their behalf must file a petition with the court, outlining the facts and circumstances that justify the need for the order. The court will then review the petition and make a determination based on the evidence presented. If granted, the order will be served to the alleged perpetrator, informing them of the restrictions and consequences for non-compliance.
A protective order, prohibits any form of contact between the petitioner, who is typically considered the victim, and the defendant, who is the subject of the protective order. These orders commonly restrict the defendant from being in proximity to the petitioner, making phone calls, or engaging in any communication with them. Indirect contact, including writing letters, sending emails, or posting on social media, is also strictly prohibited when a restraining order is in place.
Protective orders are often issued in hearings where the defendant is not present. In an ex parte hearing, which involves only one party presenting their case, a person who alleges stalking, harassment, domestic violence, or rape may request an “emergency restraining order.”
It’s important to note that restraining orders are not solely related to allegations of domestic abuse or family law matters. Any individual involved in a dispute with another person can request a protective order. Additionally, a court may issue a temporary restraining order when someone has been arrested on charges of violence or harassment.
Consequences of A Protective Order in Oklahoma
Emergency orders for protection are frequently issued without giving the defendant an opportunity to present their side of the story in court. As a result, individuals are often taken by surprise when they discover they have become the subject of a protective order. Many people first learn about their inclusion in an emergency order when the police serve them with the court order.
When dealing with a temporary or emergency order, protective order defense attorneys in Tulsa advise individuals to seek legal representation before the hearing for a final order takes place. Failure to appear at the hearing can lead to the temporary restraining order becoming permanent, which can have long-lasting repercussions on various aspects of life. This includes professional licenses, firearm ownership rights for hunting, freedom to travel and associate with others, and even future employment prospects.
Violating a protective order, even unintentionally or in response to a false allegation, can result in criminal misdemeanor charges. Subsequent violations can escalate to felony charges, potentially leading to imprisonment.
Initial Strategy Session: Tulsa Protective Order Defense Attorney
If you have been served with a restraining order, carefully review its contents and adhere to all the court’s instructions, regardless of the disruption it may cause in your daily life. Contact a Tulsa protective order defense attorney to explore options for having the order lifted. Be vigilant about court dates and ensure you have an opportunity to present your side of the story when allegations are made against you.
For a low-cost consultation with a protective order defense attorney in Tulsa, reach out today at 918-932-2777. Time may be limited if a hearing has already been scheduled, but an experienced attorney can request a rescheduling to allow for a thorough investigation and preparation of your case. Call a protective order defense attorney in Tulsa today at 918-932-2777 to protect your rights and secure the legal guidance you need.