In Tulsa, Oklahoma, a restraining order is typically called a protective order or domestic restraining order. Once a protective order is issued, it is a crime to violate it.
What is a Protective Order in Tulsa?
Oklahoma law provides that a victim of domestic abuse, stalking, harassment, or rape who is an adult, emancipated minor, or a minor aged 16 or 17, may seek relief under the Protection from Domestic Abuse Act. He or she does so by filing a petition for a protective order with the district court in the county in which the victim resides, the county in which the defendant resides, or the county in which the domestic violence or other crime occurred. Okla. Stat. tit. 22 § 60.2
This petition may be filed on an “ex parte” basis. That means the court will grant a temporary protective order prohibiting certain types of contact to protect the victim pending a formal hearing.
An ex parte hearing for a temporary restraining order is one in which the opposing party has not received notice nor is that party present at the hearing for a temporary order. The court then usually grants an order to protect the victim, most often in a case of either domestic abuse or other stalking or violent behavior.
Typically, a protective order prohibits contact. However, it also prohibits threats, harassment, stalking, and all violence toward the victim.
Under this law, “contact” is interpreted broadly. It means no contact of any kind. The person restrained cannot contact the victim, nor can he or she attempt contact through third parties such as friends or family members.
The legal definition of contact includes, but is not limited to:
- following or appearing within the victim’s sight;
- approaching, speaking to, or confronting the victim;
- appearing at the victim’s home, place of employment, or other property owned or occupied by the victim;
- calling, texting, or emailing;
- contacting via social media such as Facebook, Snapchat, or Instagram; and
- placing any object on the victim’s property.
Penalties for Violating a Protective Order
The presence of a protective order is important for both the victim and the perpetrator. It establishes a clear boundary of acceptable and prohibited behavior. The violation of a protective order can have serious repercussions for all involved.
As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, or a fine of up to $1,000, or both.
In domestic abuse situations, a protective order may be violated repeatedly. A subsequent violation of a protective order is a felony offense. The perpetrator could spend one to three years in prison, or pay a fine between $2,000 and $10,000, or both.
Disregarding a restraining order in Oklahoma has much more serious consequences if you cause the victim physical injury. Okla. Stat. tit. 22 § 60.6
In that case, the perpetrator can be found guilty of a misdemeanor for the first offense. This is punishable by 20 days to a year in jail, or a fine of up to $5,000, or both.
A subsequent violation resulting in injury is treated as a felony crime. This is punishable by imprisonment from one to five years, or a fine from $3,000 to $10,000, or both.
None of these sentences are eligible for probation, deferred sentencing, or suspended sentencing. The court may also order counseling and the wearing of a 24-hour GPS device.
Free Consultation with a Tulsa Criminal Defense Attorney
Violating a protective order has serious consequences. If charged, it is important that you hire an experienced Tulsa protective order defense attorney.
A local attorney will know the court system and judges in the area and will know how best to deal with the local system. Do not delay. Our initial consultation is free.
Call Wirth Law Office – Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.