A protective order in Oklahoma City is issued by a court when there is a case of stalking, domestic abuse, or other unacceptable or violent behavior that causes a petitioner to seek protection.
However, a protective order may be abused. For example, in the case of a bitter divorce and one partner wants to punish the other.
What To Do If Served With A Protective Order In Oklahoma City
If you are surprised by a protective order, do not call the petitioner for any reason. The order is already in effect by the time you are served.
If you happen to follow or be friends with the petitioner on social media, unfollow or unfriend them as soon as you can. Mistakenly liking or commenting on their posts could lead to charges of violating a protective order.
Should you violate a protective order and get convicted, the consequences may be rather unpleasant. You are unlikely to get away with violating a protective order if it was served due to malice in the first place.
Your best course of action as soon as you receive the protective order is to call an Oklahoma City attorney. The attorney can explain to you everything regarding the order. They can also represent you in court during the hearing comes up that determines if it should be permanent.
What Is A Protective Order In Oklahoma City?
It is a court order served on a defendant instructing them to cease to make contact with a petitioner. No contact means no contact. Therefore, the defendant may not appear within sight of the petitioner or follow them in any way.
The defendant cannot confront or approach the petitioner anywhere, show up at their place of residence or work, enter or stay on property owned by the victim. They cannot also place any object on the victim’s property, call them, text them, email them, or send them mail. Okla. Stat. tit. 22 § 60.1
All contact with the victim is prohibited, including indirect contact using friends or family and through social media.
Penalties For Violating A Protective Order
It is critical to comply with a temporary protective order once it is issued to avoid giving the other side more evidence for it to become permanent.
Other than a temporary restraining order becoming permanent, a court can punish you for disregarding such an order. Violation of a protective order is a misdemeanor in Oklahoma City.
The crime is punishable by up to a year in jail, a fine of up to $1,000, or both. Also, the preceding penalties are for a first offense.
A second violation of a restraining order is treated as a felony. An accused person faces one to three years in prison, a fine between $2,000 and $10,000, or both.
The crime is more serious if you harm the victim physically. You face additional charges for physical injuries you cause alongside misdemeanor charges for violating a protective order. Okla. Stat. tit. 22 § 60.6
You can be sentenced to 20 days to a year in jail, a fine of up to $5,000, or both upon conviction.
A subsequent violation in which the victim is injured is treated as felony. A judge could sentence you to one to five years in prison. They could require a fine between $3,000 and $10,000 in addition to or instead of prison time.
Also, these sentences do not have the option of deferred or suspended sentencing or probation.
Other Penalties
The court can additionally order you to receive counseling or other treatment for whatever issues you may have. The court will ensure compliance of such an order by doing reviews regularly. Also, the court could also order that you wear a GPS device 24 hours a day at your expense.
Considering the penalties of violating a protective order, you should talk to an attorney as soon as you break one. The worst thing you can do after violating a protective order is to contact the petitioner in a bid to convince them not to report the violation.
If you did not intend to violate a protective order, an experienced attorney is best placed to present your story to a court to obtain a favorable outcome. Do not let the skill of a prosecutor result in you being put away. Get an Oklahoma City criminal defense attorney with the expertise and acuity to counter every move the prosecutor makes.
Initial Consultation: Oklahoma City Criminal Defense Attorney
We make it easy for you to get answers to your most pressing questions. There is no cost and no obligation for an initial consultation with our Oklahoma City criminal defense attorney. Call today for answers to your questions.
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience. He has the wit and tenacity to match the skill of the Oklahoma City prosecutors.
For a initial consultation, call the Criminal Defense Law Office of Oklahoma City at 405-588-4529 (588-4LAW) today.
If you prefer, you may send your question using the contact form at the top right side of this page.