What is a protective order?
Just like it sounds, a protective order is designed to protect the person who files for it. It is also known as a restraining order. A victim of domestic abuse, stalking, harassment, or rape may file for a protective order if they are an adult, emancipated minor, or aged 16 or 17.
While a protective order forbids contact between the petitioner and the defendant, it also forbids stalking, harassment, threats, and any violence toward the victim. No contact also includes contact with the victim’s friends and family.
Violating a protective order is a crime. If you’ve been charged with a violation, it’s important that you quickly get in touch with a Claremore defense attorney.
How do you get a protective order?
Any person eligible to file a petition for a protective order can do so. They file the petition with the district court in the county where they reside, the defendant resides, or the crime occurred (Okla. Stat. tit. 22 § 60.2).
If they file the petition “ex parte,” the court may grant a temporary protective order that prohibits specific kinds of contact in order to protect the victim before the formal hearing. In an “ex parte” hearing for a temporary protective order, the defendant hasn’t been notified of the order and isn’t at the hearing.
The court is likely to grant a protective order to the victim until the defendant has a chance to rebut it.
What is the definition of contact in a protective order?
Legally, contact is a broad term. It goes beyond physical contact and even remote communications. Some examples of contact in terms of a protective order are:
- following the victim or being within their sight
- approaching, talking to, or confronting them
- appearing at their house, work, or other property they own or occupy
- calling, emailing, or texting them
- contacting them through social media
- putting any object on their property
If you’ve been accused of violating a protective order through some form of contact, a Claremore attorney can help you fight those charges.
Punishments for Violations
The first violation of a protective order is a misdemeanor punishable by a fine of up to $1,000, up to a year in county jail, or both. Subsequent violations are felonies. They can be punished with one to three years in prison, a fine between $2,000 and $10,000, or both.
If you physically harm the victim, the consequences are more severe (Okla. Stat. tit. 22 § 60.6). The first offense is a misdemeanor punishable by 20 days to a year in jail and/or a fine of up to $5,000. Subsequent violent offenses are felonies. They are punishable with one to five years in prison and/or a $3,000 to $10,000 fine.
None of these sentences are eligible for suspended sentencing, deferred sentencing, or probation. The court could also require counseling and a 24-hour GPS device on your person. If this is your first violation, speak with a Claremore misdemeanor defense attorney. For subsequent violations, a Claremore felony defense attorney can advise you.
Free Consultation with a Claremore Defense Attorney
Protective order violations are taken seriously and dealt with harshly. If you’ve been charged with a violation, the attorneys at Wirth Law Office – Claremore can give you expert advice on how to move forward and possibly get those charges dropped. For a free consultation, call (918) 213-0950 or fill out the form at the top of the page.