Consequences If A Petitioner Violates Their Own Protective Order
Video Transcribed: Can a petitioner violate their own protective order in Oklahoma? I’m Oklahoma attorney James Wirth and I’m about to answer that question for you. Okay, so what are the consequences if a petitioner violates their own protective order under Oklahoma law?
It’s real clear if the defendant violates the protective order, that’s a violation of law. For first offense misdemeanor, second offense is a felony. In either case, the police can investigate, send it to the prosecutor. District attorney can file charges, arrest warrant can issue, they can be arrested, convicted, potentially thrown in jail for it.
But what if it’s the petitioner that’s violating the protective order? Well, it’s different. It’s treated differently. It is not a violation of crime. It is a violation of law. It is not a criminal offense. The police will not investigate it, the district attorney cannot prosecute it. However, it does very much undermine the protective order.
So if you have a protective order against you and the petitioner keeps violating it, you do not respond, but you do document. If they’re calling you, you do not answer, but you do document. If they text, you do not answer, do not respond, but you do document.
If they email, you document, but you do not respond. Then you take those and you use them at the full hearing to show this person is not in need of protection, they’re not an actual fear because they’ve been contacting me. So obviously they’re not an actual fear.
But as far as prosecuting as an offense, you can’t. As far as it undermining their need for a protective order, absolutely. And if it’s occurring after a full final protective order has been granted, that may be grounds to file to vacate the protective order in order to get that protective order dropped because obviously the petitioner doesn’t believe that it’s needed anymore.
If you’re under these circumstances, don’t take my general word based on this for it, you’re going to need specific advice based on your circumstances. So talk to an attorney. If you want to talk to me about it, give me a call. (918) 932-2800