Few court orders carry as much weight, or cause as much confusion, as a protective order. Protective orders are unique in the legal world, as they are “quasi-criminal,” meaning they are filed civilly but can carry criminal repercussions. Filing or defending against a protective order carries real risk. If a protective order is filed with the intent to gain an upper hand, for example, the plaintiff may be subject to attorney’s fees or worse. If you are defending against a protective order, you may suddenly be removed from your home without warning. This post explains the impact of protective orders when prosecuting and defending against them.
How Do I File a Protective Order?
Any person who is the victim of stalking, harassment, domestic abuse, or rape has a basis to file a protective order against the perpetrator. 22 O.S. § 60.2(A). To file a protective order, the person seeking one must go to the courthouse and request a protective order form from the court clerk. They then fill out the form and leave it with the judge, who decides whether the protective order is warranted. 22 O.S. § 60.2. The court then contacts the plaintiff to inform them of its decision. If a protective order is granted, the plaintiff receives a copy of the emergency ex parte order of protection. There is no up-front cost to file a petition for a protective order.
Serving the Defendant
Once a protective order is filed and granted, the sheriff must serve the defendant with the protective order. 22 O.S. § 60.4(A)(1). The sheriff must attempt service of emergency orders within 24 hours of filing. 22 O.S. § 60.4(A)(2). Service can occur at any hour, as long as the defendant’s address is known. Id. Process servers and parties are not allowed to attempt service, because only the sheriff may perform it. 22 O.S. § 60.4(A)(1). Even if a party knows about the protective order, they are not formally informed until the sheriff serves them with the document.
What Happens if the Defendant Avoids Service?
Sometimes, defendants try to avoid service, hoping that the plaintiff will drop the protective order. When a defendant cannot be served, the plaintiff must appear in court every 14 days to have the protective order renewed. 22 O.S. § 60.4(B)(1). If a plaintiff fails to appear for the 14-day review, the protective order will be dismissed for failure to prosecute. 22 O.S. § 60.4(B)(4). If the defendant is not served and doesn’t appear, the court sets the hearing out another 14 days. This continues until the protective order is dismissed or the defendant is served. 22 O.S. § 60.4(B)(4).
What Happens When the Defendant Is Served?
Once the defendant is served, the case can begin. Parties in protective order cases are entitled to discovery. Sunderland v. Zimmerman, 2019 OK CIV APP. This is the process where parties learn about the other’s case in chief, gather facts and information, and assess their next steps. Learn more in our post on how discovery works. The court will eventually set the protective order for a final trial, where the parties present their case and ask the court for a ruling. At that trial, the court will rule on whether a protective order is needed, how long it lasts, and whether to assess costs against a party. 22 O.S. § 60 et seq.
How Does a Protective Order Affect Me?
Protective orders can have significant real-world implications. Courts often require defendants to surrender all firearms to a sheriff. 22 O.S. § 60.8. A party can also be restricted from accessing their home, and they may lose access to their pets. 22 O.S. § 60.2(E). Protective orders cannot affect title to real property, but in practice, a defendant cannot access their home. Parties who are served protective orders are also usually not given an immediate chance to get their belongings from their residence. That may mean a party does not have access to necessary clothing, equipment, or medicine.
Lastly, if you are defending against a protective order, there is now a public record of a person requesting protection against you. Many Oklahoma employers check public dockets when screening applicants, and a protective order is a serious liability in those instances.
What Happens if I Violate a Protective Order?
If you are served with a protective order and intentionally attempt to contact the plaintiff, you may be arrested without a warrant and jailed. 22 O.S. § 60.9. You will then have to appear before a judge and will likely face criminal charges. It is imperative not to contact the plaintiff in a protective order if you are a defendant, even if they call or text you. There are no restrictions on a plaintiff’s attempts to contact you; however, you can be arrested if you respond to their messages.
Conclusion
Protective orders are powerful tools to protect victims of stalking, harassment, physical abuse, or rape from their abuser. They provide immediate relief and much-needed safety to victims. They place heavy restrictions on defendants and can have serious, long-lasting implications for both parties. If you are a victim of domestic abuse and need help with a protective order, or are a defendant needing to clear your name, call Croslin Law to discuss how we can help you.