Protective Orders: A Useful Tool When Enforced
Protective orders can be particularly helpful in situations of domestic violence, abuse, and harassment. Most often, these types of orders prohibit particular types of contact for a period of time. Obtaining a protective order is the first step for a victim. Once obtained, a protective order helps ensure the prohibited actions that help keep a victim or potential victim safe. For that, the orders must be enforced
Obtaining a Protective Order: A First Step
in order to begin the process, the petitioner files a petition for a protective order with the district court. The petition must detail the reasons for seeking protection and the nature of the threat or abuse. If immediate protection is needed, the court can issue an emergency ex parte order without notifying the respondent, the person against whom the order is sought. This is temporary and typically lasts until a full hearing. Okla. Stat. tit. 22 § 60.3.
A full hearing is scheduled within 14 days of filing the petition. Both the petitioner and respondent have the opportunity to present their case. If the judge finds sufficient evidence of abuse, harassment, or threat, a final protective order is issued. Okla. Stat. tit. 22 § 60.4. The protective order can include various restrictions such as no contact, staying away from specific locations, and other conditions deemed necessary for the petitioner’s safety. Okla. Stat. tit. 22 § 60.2. Protective orders may stay in place for up to 5 years.
Initial Steps in the Enforcement of Protective Orders
Once obtained, the protective order is served on the respondent. Even an emergency protective order is not enforceable until it has been served on the respondent. Law enforcement or a private process server typically handles this. Any law enforcement officer can serve the emergency protective order. Okla. Stat. tit. 22 § 60.4. The proof that service was made correctly upon the respondent must be filed with the clerk of the court issuing the protective order.
Once the clerk receives the proof of service, within 24 hours, the clerk must send certified copies of the order, and all further extensions, modifications, vacating of the order, or consent agreements to all appropriate law enforcement agencies designated by the victim in their petition. Okla. Stat. tit. 22 § 60.5.
Any law enforcement agency receiving copies of these documents from the clerk must ensure that other law enforcement agencies have access 24 hours a day to the information contained in the documents which may include entry of information about the emergency temporary, ex parte or final protective order in the National Crime Information Center database.
Once served, law enforcement officers are responsible for enforcing protective orders. If a respondent violates the order, officers can arrest them without a warrant. It is important that the victim keep a copy of the order with them at all times so that once called, law enforcement officers can act quickly to protect the victim. Okla. Stat. tit. 22 § 60.9. This usually means arresting the perpetrator.
Violating a protective order is a criminal offense. The first violation is typically a misdemeanor, but subsequent violations can be charged as felonies. Okla. Stat. tit. 22 § 60.6.
additional Considerations
modification and Termination: Either party can request a modification or termination of the protective order by filing a motion with the court. (Okla. Stat. tit. 22 § 60.4(B).) This can be helpful if the respondent is engaging in escalating behavior or if the behaviors have long ceased.
Finally, federal law prohibits individuals subject to certain protective orders from possessing firearms. Oklahoma law aligns with this federal mandate and a respondent’s firearms can be confiscated until it is safe to return them. Okla. Stat. tit. 22 § 60.13.
Practical Steps for Enforcing a Protective Order
Enforcing a protective order in Oklahoma effectively requires understanding both the legal mechanisms and practical strategies to ensure compliance and maintain safety. Here are some practical steps to take:
Keep a Copy of the Protective Order: The victim should always carry a copy of the protective order with them. Copies should also be kept at work, school, and other places the victim frequents. Copies can also be given to trusted individuals who can help in an emergency.
notify Local Law Enforcement: It is important that local law enforcement agencies are informed of the protective order. provide them with a copy so they are aware and can respond promptly if a violation occurs. Some Oklahoma courts notify local law enforcement as a matter of course once a protective order is issued.
Report Violations Immediately: If the respondent violates the protective order, contact law enforcement immediately. provide officers with details of the violation and show them the protective order.
Document Incidents: Keep a detailed log of any contact or attempted contact by the respondent. Include dates, times, locations, and descriptions of the incidents. Take photographs or save any written communications (emails, texts, letters) as evidence of any violations.
Safety Planning: The victim should develop a comprehensive safety plan that includes identifying safe places to go in an emergency, establishing a code word with family and friends to alert them of danger, and keeping essential items (keys, phone, money, important documents) easily accessible.
Inform Key People: The victim should inform their employer, school officials, neighbors, and friends about the protective order and give them with a photo of the respondent and instructions on what to do if they see the respondent near them.
Secure Your Environment: Changing locks, installing security systems, and using security cameras at the victim’s home can make that environment safer for the victim. Motion-sensor lights can also help to secure the home.
Use Technology Safely: The victim should consider adjusting privacy settings on social media, changing passwords regularly, and becoming aware of location tracking on devices such as cell phones. The victim may decide to use a phone with a different number for emergencies.
Legal help: The victim should seek ongoing legal help from a protective order attorney to understand their rights and options. An attorney can help with any modifications to the protective order and offer advice on other legal measures if needed.
Stay Informed: It is important to attend all scheduled court hearings related to the protective order. Staying engaged with the legal process helps make sure that the protective order remains in effect and any necessary modifications can be made.
Report Violations Immediately: It is crucial to contact local law enforcement if the respondent violates any terms of the protective order. Violations are actionable under the law and continued violations can mean an escalation in the potential threat to the victim. To that end, the victim should keep detailed records of any violations, including dates, times, and descriptions of the incidents. This level of detail is helpful to the police in protective order enforcement.
Enforcing a protective order is a critical process for ensuring the safety of individuals facing threats, abuse, or harassment. Oklahoma law provides a robust framework to support victims and hold violators accountable. A Wagoner protective order attorney can help make sure a victim’s safety.
Call for an Initial Strategy Session
For a low-cost consultation with a Wagoner Oklahoma protective order 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.
