What Is Oklahoma Protective Order?

Under Oklahoma, in the formation of Pos or protective orders and VPO or victim protection orders, victims of some crimes may request protection from suspected abusers. These orders, often referred to as restraining orders, are intended to stop abuse, coercion, or injury. You may better understand the protective laws with the help of a criminal lawyer.

Understandably, there may be stringent sanctions for a person who is booked for violating those orders. Any critical specifics of what to expect if you are charged with breaching one of these orders are reviewed below.

Three Forms of Protection Orders Exist

There are three kinds of protective orders that an individual may be accused of breaching. Those include immediate emergency orders, ex parte emergency orders, and final security orders. When courts are closed, emergency temporary protection orders are issued, emergency ex parte orders of protection are given if a person may file a petition with a district court in between the business hours of a court, and the final protective orders are issued only after court hearings.

At a vicious scene to which law enforcement is responding, temporary orders are sometimes given. When a person is seen as immediately in need of security, these orders are issued, but the courts are closed.

For individuals requesting safety, an officer responding for law enforcement should have a petition available. A judge must then give verbal consent to the immediate emergency order, which will remain effective until the end of the first business day.

A person must file a petition in the courthouse for a restraining order to be known as an emergency order, where the victim or the suspected abuser lives or where the incident occurred. A hearing for a final order is held within 14 days if a judge issues an emergency order. A judge may either make a final order during this hearing or deny the petition.

Protective order breaches

Depending on the seriousness of the breach, Oklahoma law reprimands people violating protective orders in many ways. Penalties tend to fall into the groups below:

• An individual may expect to face misdemeanor charges for first offenses that don't result in physical injury. This implies up to one year of imprisonment or a fine of up to $1,000 would be faced by a person.

• A first assault resulting in physical harm will also be listed as a misdemeanor and a convict could end up with fines of up to $5,000 and a minimum term of 20 days in jail.

• An individual will end up serving a jail term of up to five years and fines up to $10,000 for second or subsequent crimes.

Defenses against Restraining Orders

There are different methods of protecting against protective orders, including:

An individual was not aware of the presence of a protection order and did not knowingly violate the order as a result. An aware individual of the protective order did not violate the order provisions deliberately. Falsely accused was the one being sued who did not contact the person who issued the warrant.

Contact a Criminal Defense Attorney

Charges accompanying the breach of a protective order from Oklahoma may be serious. Feel free to contact attorney at Foshee and Yaffe Attorneys at law to schedule a free case review if you need the support of an experienced criminal defense attorney.

**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.