A protective order in Oklahoma is issued by a civil court, ordering the person who is abusing, harassing, or stalking another individual to stop doing so. Failing to comply with a protective order will result in some potentially serious consequences. These orders can last for any period of time, up to 3 years.
Who Can Apply for a Protective Order?
Anyone can apply for a protection order even if criminal charges have not been filed against the offender. If you already obtained a temporary protective order as part of a criminal proceeding, you can still apply for a protective order.
Who Can You Seek Protection From?
In cases of domestic abuse committed by a family member or household member, you can seek protection from the following:
- A current spouse or ex-spouse
- A current spouse of an ex-spouse
- Parents, grandparents, stepparents, adoptive parents, and foster parents
- Children, grandchildren, stepchildren, adopted children, and foster children
- Individuals related to you by blood or marriage
- Anyone you live with
- Anyone you used to live with
- A co-parent, even if you were never married
- Someone you are currently dating
- Someone you dated in the past
Minors who are 16 years of age and older can file a protective order for themselves. Those under the age of 16 must have an adult family or household member file it on their behalf.
Types of Protection Orders
Oklahoma offers two types of protection orders:
- Emergency ex parte protection orders
- Permanent protection orders
Emergency Ex Parte Protection Order
When filing for an emergency ex parte protection order, keep in mind that:
- To file an emergency ex parte protection order, you must do so yourself at a district court during court business hours
- A police officer cannot file the protection order on your behalf
- You can file for the emergency ex parte protection order without your abuser’s knowledge or presence in court
- This type of protection order lasts until your hearing for your final protection order, which typically takes place within 20 days
Permanent Protection Order
This type of order can be issued only after a court hearing, during which you and your abuser have the opportunity to explain your sides of the story. If granted, this final order lasts up to 3 years, though you may also have it extended.
A Step by Step Guide
- Go to the nearest district court to request a petition for a final protection order. In some counties, the court clerk will assist you in filling the court papers. If you require immediate protection, inform the clerk that you want an emergency ex parte order.
- Bring identification for you and identifying information about your abuser, including a photo, addresses of residence, work phone number, description and plate number of your abuser’s vehicle, history of drugs or gun ownership, and any other pertinent information.
- Carefully fill out all necessary forms. Describe recent incidents of violence, using descriptive language, dates, and details. These forms will also require your name, phone number, and a safe address. If you are currently residing at a shelter, provide the contact information of the shelter you are staying at for your mailing address.
- After you have filled out the appropriate forms, a judge will review your petition, and decide whether or not to issue the emergency order. If you are seeking a permanent order, you will receive a date for a hearing.
- For the order to be valid, your abuser must be served papers informing him or her about the hearing date and your emergency ex parte order if applicable.
- Lastly, you must attend the hearing. Not doing so will result in the expiration of your emergency ex parte order and you will have to start the process over, which might make obtaining a protection order in the future. If your abuser fails to appear, however, the judge might still grant the protection order, or schedule a new hearing.
Oklahoma City Family Law Attorneys
The Mazaheri Law Firm understands that family law is one of the most delicate areas of practice and are focused on offering compassionate legal guidance to effectively get you through this difficult time while protecting your best interests. No matter what you are up against, our skilled legal team can get you through it.
Some of our family law services include contested and uncontested divorce, guardianship, child custody, child visitation, legal change of name, post-divorce modifications, and more.
Contact our office today at (405) 414-2222 to reach our team.