What’s a Protective Order in Oklahoma City
A protective order is a court order that requires somebody to stay away from you, to stop having contact with you, to stop harassing you, and to stop stalking you. In Oklahoma, we call them protective orders. Elsewhere, people may be more familiar with them as restraining orders, but here in Oklahoma, a restraining order can mean something different. It’s a protective order where you have those orders in place to keep a household member or a person with whom you have had a romantic relationship away from you. That language has been familiar to Oklahoma since 1982, when the Protection From Domestic Abuse Act was put into place.
At Wirth Law Office our Oklahoma City family attorney can assist you in keeping a protective order in place or assist you in getting a protective order denied, lifted or expunged depending on the circumstances.
Who Can Get a Protective Order
As far as who can get one, well, it’s somebody that’s a victim of domestic violence or a threat of imminent harm, or a harassment or stalking or rape victim, or victim of certain crimes. Those people can file for a protective order and get those granted in their county with the county judge.
Now, what’s different about a protective order than other orders and restraining orders in Oklahoma, and what set it apart when it was passed in 1982 is a violation of it does not result in a contempt charge that has to be filed by the person suggesting it is a violation. It’s an actual criminal offense. Violation of the protective order is a separate crime, and it’s a misdemeanor for a first offense, and that is charged by the district attorney.
It’s not the party that’s been victimized that actually has to file it. So if you violate it, you report it to the police, it goes to district attorney’s office, can be prosecuted like any other crime. That’s what sets protective orders apart. That’s what makes them more serious.
Filing a Protective Order
When you’re filing for the initial protective order, It’s treated more like a civil matter where it’s preponderance of the evidence in order to get one granted. So there are some concerns regarding due process there, but if you feel like you’ve been a victim of domestic violence, threats of imminent harm, harassment, stalking, rape, or certain crimes, you can file one and get that order in place and you can have it say, “They’ve got to stay, you know 100 yards away.” Or if you’re married, you can have that person taken out of the house. Or if you’ve got an animal, you can put the animal, pet on that protective order and protect your dog from somebody. There’s a lot of things that you can do with protective orders, and it’s been expanded over the years.
Call Today for a Consultation
If you are scheduled for a hearing to get your protective order extended, or if you feel you are wrongly being accused by having a protective order placed on you and you are served notice for a hearing, it is always best to retain the legal services of a Wirth Law Office – Oklahoma City attorney. Call Wirth Law at 405-888-5400 to schedule a consultation today.
