Protective Orders and Divorce oftentimes go hand in hand. It is not uncommon that a protective order is put in place at the beginning of a divorce. More often than not, protective orders occur in divorces involving minor children. While this may not always be fair, the court generally takes a “better safe than sorry” approach. This is because the intention of protective orders is to protect a person from likely harm. Many times, harm comes from estranged spouses in the form of stalking, harassment, and sometimes even physical altercations. However, when going through a divorce where a protective order has been filed you must follow the requirements laid out by the order. Otherwise, you are in violation of a protective order and this could cause you serious problems.
Violation of a Protective Orders in Divorce
The state of Oklahoma penalizes those who are in violation of a protective order. To violate an order, you must avoid taking any action that is expressly in the order. This includes being in a certain distance, or sometimes even having any communication with your spouse. It is important to note that you are still under obligations to follow the protective order even if your spouse changes their mind. So, under law it does not matter if your spouse wants to drop the order, you are still subject to it. You must legally go through the court or wait out the time limit before approaching your spouse.
FURTHER EXPLANATION OF PROTECTIVE ORDERS.
Degrees of Offense and Penalties:
- A First Offense with No Physical Injury
A first offense is a misdemeanor charge. You could face potential prison time if you receive a conviction on this. Prison time may last up to a year. Potential fines also exist. A first offense may reach up to $1,000.
- A First Offense with Physical Injury
If your first offense also includes physical harm to the person holding the protective order against you, then you still face a misdemeanor and possible prison time. The fines and prison time will be in accordance with the severity of the injury. Fines may reach $5,000.
- Second Offense
A second offense, with or without injury, is a felony. You will now face prison time between 1 and 5 years. Further, any fine you receive may reach the amount of $10,000.
In any violation of a protective order case, the court may require you to undergo more steps for the next year. These may include anger management counseling, participation in programs fighting domestic abuse, or—if it applies—drug and alcohol counseling. Further, any of these penalties can include court ordered treatment programs such as: anger management, domestic abuse programs, substance abuse counseling, etc.
We Can Help With Protective Orders in Divorce
Again, it is common for a divorce proceeding to include an order for protection. However, if you face charges on violation of a protective order we can help. Call our offices today 539-302-0303.