A protective order is a legal tool issued by a judge to protect a person from harassment, abuse, stalking, or threats. In Oklahoma, courts use protective orders to provide immediate and enforceable boundaries between the person seeking protection (the petitioner) and the person they accuse of harmful conduct (the respondent). Protective orders are common in cases involving domestic violence, but they can also be issued in situations involving dating partners, neighbors, coworkers, or strangers.
Types of Protective Orders in Oklahoma
Oklahoma law provides for two primary types of protective orders:
Emergency Protective Order (EPO)
EPO’s can be granted without the respondent being present if the judge believes there is immediate danger. It lasts until there is a full hearing, which is typically within 14 days.
Final Protective Order (FPO)
A court issues FPO’s after both parties attend a court hearing. The judge considers evidence and determines whether ongoing protection is necessary. A final order may last up to five years or longer in serious cases.
What Does a Protective Order Do?
A protective order can include a variety of restrictions and obligations, depending on the situation. These may include:
- Prohibiting the respondent from contacting the petitioner in any way
- Requiring the respondent to stay a certain distance away from the petitioner’s home, workplace, or school
- Granting temporary custody or visitation conditions
- Ordering the respondent to move out of a shared residence
- Banning the possession of firearms while the order is in effect
Violating any of these terms is a criminal offense and can result in arrest and jail time.
Who Can Request One?
Protective orders are available to individuals who have experienced:
- Physical abuse or domestic violence
- Threats of harm or intimidation
- Stalking or repeated unwanted contact
- Sexual assault or attempted assault
- Harassment, including via phone, email, or social media
A parent or guardian may also seek one on behalf of a minor or vulnerable adult.
How Do You Get a Protective Order?
To request a protective order, the petitioner must file a petition with the local district court. The judge will review the request and may issue an emergency order the same day. The court will then schedule a full hearing to determine whether to issue a final order. At that hearing, both the petitioner and the respondent may present testimony and evidence.
Get Help with Protective Orders in Oklahoma
Protective orders are powerful legal tools, but the process can be emotional and complex. Whether you are seeking protection or defending against a protective order, it’s important to have the right legal guidance. For a free consultation with a protective order attorney at Tulsa Divorce Attorneys and Associates call 539-302-0303 or click here to ask an online legal question.