The Sooner State can be a great place to fall in love. But even dream romances can have nightmare endings. If your relationship has turned from an unhappy breakup to possibly dangerous, you may be wondering what laws are in place to help keep you safe. Here is a quick introduction to protective orders laws in Oklahoma.
Protective Orders Laws
Commonly referred to as "restraining orders," protective orders are legally enforceable court orders telling the person named in the document to stay a certain distance away from the person seeking the protection. Protective orders are most often used by abused spouses and exes, they may also protect children and stalking victims. Some protective orders can include restrictions regarding gun ownership and interstate travel.
| Code Section | Oklahoma Statutes Title 22 §60.1, et seq.: Protection from Domestic Abuse Act |
| Activity Addressed by Order | Enjoin contact; exclude from dwelling; regarding minors: temporary custody, counseling; court costs and attorney fees |
| Duration of Order | Temporary: until close of business on next day after order is issued. General: 3 yrs. max until modified or extended |
| Penalty for a Violation of Order | Misdemeanor: jail maximum 1 year and/or fine maximum $1,000. If 2nd or subsequent: misdemeanor: jail minimum 10 days, maximum 1 year and/or fine minimum $1,000 and maximum $5,000. If causes physical injury or impairment: misdemeanor: jail minimum 20 days, maximum 1 year and/or fine maximum $5,000. If minor child convicted: counseling and community service hours |
| Who May Apply for Order | Victim or any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor who is 16 or 17 |
| Can Fees Be Waived? | Yes, filing fee; court will assess fees against defendant at hearing. If petition for order was frivolous then fees may be assessed to plaintiff. |
| Order Transmission to Law Enforcement | Within 24 hours of return of service, court will send copies to all appropriate law enforcement agencies designated by petitioner |
| Civil Liability for Violation of Order | - |
Protection orders aren’t a perfect shield against harassment and harmful, but they can provide domestic violence victims with criminal recourse if an abuser violates an order. Also, federal protection order law mandates that Oklahoma honor and enforce valid protection orders issued by another state, and vice versa.
Oklahoma Protective Orders Laws: Related Resources
The process of obtaining and enforcing a protective order can be confusing. If you would like legal advice regarding a domestic violence or protective order matter, you can contact an Oklahoma domestic violence attorney.You can also find more information and resources in FindLaw’s section on Orders of Protection and Restraining Orders.
