Domestic Violence and Protective Orders: Get Help
Domestic violence is a serious issue that affects many individuals in Oklahoma. The state has specific laws to protect victims, providing them with legal avenues to seek relief. A key legal tool is the protective order, or restraining order. This article examines the legal framework surrounding domestic violence in Oklahoma, the process for obtaining and enforcing protective orders, practical suggestions for victims, and implications for family law issues.
Legal Framework: Understanding Domestic Violence in Oklahoma
In Oklahoma, domestic violence is defined as any act of physical harm, or the threat of imminent physical harm, perpetrated by one family or household member against another. Domestic violence can occur between individuals who are or were in a dating relationship. Okla. Stat. tit. 22 § 60.1.
Under Oklahoma law, domestic abuse is a criminal offense, and the severity of the punishment depends on various factors, including the nature of the act, prior convictions, whether the victim is pregnant when of the injury, and the presence of certain aggravating circumstances, such as the involvement of a deadly weapon. It can be charged as either a misdemeanor or felony, with penalties ranging from fines and probation to significant prison time. Okla. Stat. tit. 21 § 644.
Protective Orders: A Key Legal Remedy
Protective orders are one of the primary legal remedies available to victims of domestic violence. These orders are intended to prevent further abuse by legally prohibiting the abuser from engaging in specific behaviors, such as contacting the victim or coming near their residence, workplace, or school. Other possible remedies may be included in a protective order depending on the victim’s needs.
Types of Protective Orders
Oklahoma law recognizes two main types of protective orders: emergency ex parte orders and final protective orders. An emergency ex parte order is a temporary protective order issued by a judge without the abuser being present. This order provides immediate protection to the victim until a full hearing can be conducted. The court may grant an ex parte order if it finds that the victim is in immediate danger of domestic abuse, stalking, or harassment. The emergency order typically lasts until the full hearing may be held, which must be scheduled within 14 days. Okla. Stat. tit. 22 § 60.3.
In contrast, a final protective order is issued after a court hearing where both the victim and the abuser have the opportunity to present their case. If the court finds that domestic violence has occurred and that the victim needs continued protection, it may issue a final protective order. A final protective order can be effective for up to five years, with the possibility of extension if necessary. Okla. Stat. tit. 22 § 60.4.
The Process of Obtaining a Protective Order
Obtaining a protective order in Oklahoma involves several steps, each of which is critical to a victim’s safety.
The first step is to file a petition with the district court in the county where the victim resides, where the abuser resides, or where the abuse occurred. The petition must include specific details about the incidents of domestic violence, the relationship between the parties, and the type of protection being sought. This petition is typically filed without the abuser’s knowledge to prevent any interference or retaliation.
After the petition is filed, the court may hold an emergency ex parte hearing, often on the same day. During this hearing, the judge reviews the petition and may ask the victim questions to assess the level of danger. If the judge believes the victim is in immediate danger, an emergency ex parte order is issued, providing temporary protection.
Once the emergency order is issued, the abuser must be formally notified through a process called “service of process,” usually carried out by law enforcement or a private process server. The abuser is given copies of the order and notice of the final hearing date and location.
The final hearing is a critical stage at which both the victim and the abuser can present evidence and testimony. The victim may present witnesses, police reports, medical records, and other evidence to support their case. The abuser also has the right to defend against the allegations. The judge then decides whether to issue a final protective order and determines its scope and duration.
Remedies Available in a Protective Order
Several remedies can be included in a protective order to ensure comprehensive protection from the abuser. Examples include:
No Contact: A protective order can prohibit the abuser from contacting the victim in any form, including in person, by phone, email, or social media. This remedy is crucial to a victim’s safety.
Exclusion from the Home: The court can order the abuser to vacate a shared residence, regardless of ownership or lease agreements. This remedy ensures that the victim can remain in their home safely.
Stay-Away: A protective order may include provisions that require the abuser to stay away from the victim’s home, workplace, school, or other locations frequented by the victim. This remedy creates a physical barrier between the victim and the abuser.
Temporary Child Custody: In cases where children are involved, a protective order can grant the victim temporary custody to keep children safe until the situation becomes safe again.
Surrender of Firearms: Oklahoma law allows the court to order the abuser to surrender any firearms or other dangerous weapons. This remedy is particularly important in cases where the abuser has a history of using or threatening to use weapons.
Financial Support: The court may order the abuser to provide temporary financial support to the victim including spousal support, child support, or payment of rent and utilities, helping the victim maintain financial stability while seeking safety.
Counseling and Treatment: The court may order the abuser to attend counseling or treatment programs, such as anger management or substance abuse programs. While this remedy focuses on rehabilitating the abuser, it also serves to protect the victim by addressing the underlying issues contributing to the abuse.
Enforcing Protective Orders
Enforcing protective orders is crucial for the safety and well-being of the victim. Violating a protective order is a serious offense. If an abuser violates the terms of a protective order after being served with the order, they can be arrested and charged with a misdemeanor or felony, depending on the circumstances of the violation. Penalties range from up to a $1000 fine and up to a year in jail on a misdemeanor charge, to up to $10,000 in fines and up to 5 years in prison for subsequent violations. Penalties are enhanced for the use of deadly weapons or in the case of a pregnant victim. The victim should immediately report any violations to law enforcement, who are required to take prompt action. Okla. Stat. tit. 22 § 60.6.
Additionally, the victim should keep a copy of the protective order with them at all times and provide copies to their workplace, children’s school, and any other relevant parties to ensure broad enforcement.
Practical Suggestions for Victims
Victims of domestic violence are often in dangerous and vulnerable situations. The following practical suggestions can enhance their safety and legal protection:
Seek Immediate Help: Victims should not hesitate to seek help if they are in immediate danger. They can contact local law enforcement, a domestic violence shelter, or the National Domestic Violence Hotline for assistance.
Document the Abuse: Keeping a detailed record of all incidents of domestic violence, including dates, times, locations, and any witnesses, can be crucial in obtaining a protective order and building a legal case against the abuser.
Develop a Safety Plan: A safety plan is a personalized strategy that outlines steps the victim can take to protect themselves and their children from further harm. This plan may include finding a safe place to stay, securing financial resources, and arranging for transportation.
utilize Community Resources: Many communities in Oklahoma have resources available to support victims of domestic violence, including shelters, counseling services, and legal aid organizations. These resources can provide crucial support during a difficult time.
Implications for Family Law Issues
Domestic violence and protective orders can have significant implications for family law issues, particularly in cases involving divorce, child custody, and visitation. Oklahoma courts take domestic violence very seriously when making decisions about these matters.
Domestic violence can be grounds for filing for divorce in Oklahoma. In cases where abuse is a factor, the court may issue temporary orders related to spousal support, property division, and other matters to protect the victim.
Oklahoma law prioritizes the safety and well-being of children in custody and visitation decisions. If a parent has committed domestic violence, the court may restrict or deny custody or visitation rights to protect the child and the non-abusive parent. In some cases, supervised visitation may be ordered. Okla. Stat. tit. 43 § 112.2.
Domestic violence may also influence decisions related to spousal support (alimony) and property division. The court may consider the abuse when determining the financial arrangements between the parties.
Domestic violence is a pervasive and harmful issue that requires comprehensive legal remedies to protect victims and prevent further abuse. Protective orders serve as a crucial tool for individuals seeking relief. By understanding the legal framework, the process of obtaining and enforcing protective orders, and the broader implications for family law, victims can take informed steps to safeguard their rights and well-being. It can be helpful for a victim seeking help to consult with a Wagoner attorney knowledgeable in protective orders to make sure that they get the help they need to navigate the complexities of domestic violence effectively.
Call for an Initial Strategy Session
For a low-cost consultation with a Wagoner Oklahoma family law attorney call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll-free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
