Protective Orders

Generally, not for violating the order. In Oklahoma, a person can be convicted of violating a protective order only if it was served on them. Until you are served, the order doesn’t restrict you, even if it covers contacting the person who filed or going to your residence. That said, police often meet people at their home to serve the papers, and once you are served, you may have to leave the premises right away. You could also be arrested for other reasons, so it’s best to talk with an attorney about your next steps before you do anything.

Yes. A protective order, especially an emergency order, can restrict your access to your home. Courts often order the person it is filed against to stay away from the other person’s residence, even if they jointly rent or own it. There are ways to get your belongings from the home. A final protective order does not change who owns the property, so if you own or lease the home jointly with the other person, it’s best to talk with an attorney about how your interests are affected.

It depends on which side you are on. Generally, the person who filed is not restricted from reaching out, because only the person the order is filed against can be held in violation of it. Once that person has been served, they generally cannot contact the person who filed, and responding to outreach is still a violation. Because of that, the person who filed is usually advised not to reach out, since those messages are often used as evidence at a final hearing. Either way, talk with an attorney before sending or answering any message.

It depends on the type. An emergency protective order can last up to six months while the case is pending. A final protective order can last up to five years, and it can be extended if the court agrees it is still needed. In certain situations, such as when the court finds a continuing need for protection, an order can become indefinite. Talk with an attorney about how long an order could last in your situation.

Violating a protective order is a crime in Oklahoma. A police officer can arrest you, and the prosecutor can file charges. A first violation is generally a misdemeanor that can carry up to a year in jail and a fine, and the penalties can be steeper if someone is injured or you have a prior violation. It applies once you’ve been served, and it applies even if the other person contacts you first. If you are subject to a protective order, don’t violate it for any reason. If you’ve been charged with violating one, talk with an attorney today.

Yes. Either side can ask the court to end a protective order, and the sooner you ask, the better. Your best chance to challenge a final order is within 30 days after it’s entered, and after that it gets harder. Courts will end an order when there’s a real reason, such as a serious mistake in how it was entered, a conflict with custody or visitation orders, or, in some cases, an order that was granted because you did not show up. If you want an order ended, or you need to keep one in place, call an attorney right away.

Your case stays open. The court will keep resetting your hearing every 14 days until the person is served, as long as you keep showing up and asking for a new date. Service is done through law enforcement, and if there is a related family court case, an attorney may have other ways to get it done. Until the person is served, the order can’t be enforced against them. If you’d like help getting service done, contact an attorney to see what your options are.