How To Get A Restraining Order In Oklahoma

An Oklahoma protective order is a legal injunction designed by a court to prevent one person from contacting or approaching another person. It can be sought in cases involving stalking, domestic violence, threats, or harassment. A protective order protects victims from further harm by legally restricting the offender's actions. It is issued in compliance with the Oklahoma Protection from Domestic Abuse Act. Once a protective order is granted in Oklahoma, the order typically becomes part of Oklahoma civil court records.

Per 22 OK Stat §22-60.6, violating an Oklahoma protective order is a severe offense with significant legal consequences. Any offender who violates the terms of a protective order will be arrested and charged with a felony or misdemeanor, depending on the gravity of the violation. Penalties associated with a protective order violation may include jail time, fines, and additional protective orders. For example, a first-time violator is guilty of a misdemeanor punishable by a maximum fine of $1,000, a jail term in the county jail not exceeding one year, or by both fine and imprisonment. Second or subsequent offenders are guilty of a felony punishable by imprisonment in any of the Oklahoma Department of Corrections facilities lasting for a year to three years, or by a fine $2,000 to $10,000.00, or by both fine and imprisonment.

Types Of Restraining Orders in Oklahoma

The most common types of restraining orders in Oklahoma are:

• A Victim Protective Order (VPO) is a civil court order created to protect a victim and their children and pets from stalking, abuse, or harassment from an abuser (22 OK Stat §22-40.2).
• An emergency ex parte order is a short-term protective order issued to an eligible person without having the opposing party present (22 OK Stat § 60.3).
• A stalking protection order is a civil court order designed to protect a person from a stalker who is not a family or household member by ordering them to stop following and threatening the person.
• An Emergency temporary order of protection is given when a person seems to be in immediate need of protection, but the court is closed (22 OK Stat § 40.3).
• A final protective order is a long-term order that a court issues after a formal hearing where both the petitioner and the offender have the opportunity to present evidence.

Are Restraining Orders Public Records In Oklahoma?

Yes. The Oklahoma Open Records Act (ORA) considers protective orders public records and requires law enforcement agencies to make them accessible to the public. This means anyone in Oklahoma can inspect or copy documents associated with a protective order, including the petition, evidence, and court orders. However, members of the public will not be able to access expunged protective orders. They will need a court order to view or copy such records.

How To Lookup Restraining Orders In Oklahoma

Individuals can look up protective orders in Oklahoma in the following ways:

• Online through the OSCN Docket Search portal using a case number or party.
• Online through third-party vendors
• In person at the District Court in the county where the petitioner or defendant lives or the incident occurred. Members of the public can obtain copies of protective orders from the clerk by paying a small fee. However, the record will be unavailable to the public if they are sealed under law.

Can You Lookup A Restraining Order Online?

Oklahoma protective orders are available online through the OSCN Docket Search portal. Users will need a name or case number to conduct the search. To narrow the search, users should select the District Court in the county where they or the offender lives or the incident occurred. They can also choose a case type or a date range.

How To File A Restraining Order In Oklahoma

Oklahoma residents can file protective order by following the process below:

• Obtain the Necessary Forms: Petitioners must determine the specific form that pertains to their situation to submit the accurate form. Protective order forms can be obtained by visiting the District Court in the county where the applicant resides or downloading them from the Oklahoma State Courts Network website.
• Complete the Forms: Fill out the forms with sufficient information about the incident. Applicants may have to complete an Emergency Ex Parte Order of Protection Form, Petition for Protective Order Form, Petition for Emergency Temporary Protective Order, or Final Order of Protection Form based on their situation.
• File the Forms with the Court Clerk: Petitioners must submit the completed forms to the District Court Clerk in their county or where the incidents occurred. There is no filing fee.
• Attend the Ex Parte Hearing: The District Court will schedule an ex parte hearing on the same day the forms were received or the next business day. During the hearing, the judge will review the petition and can issue a temporary protective order if there is immediate danger.
• Serve the Offender: a copy of the petition and an Order and Notice of Hearing on Petition for Protective Order Form must be served on the offender. Law enforcement officers must do the service. The petitioner must file the Return of Personal Service by Sheriff Form with the District Court.
• Attend the Full Hearing: Both the petitioner and the offender will be allowed to present evidence and testimony at the full hearing. It is advisable to be represented by a lawyer at the full hearing.
• Receive the Final Order: If the judge determines there is enough evidence of abuse or harassment, they will issue a final protective order that specifies the restrictions and how long they will remain in effect.

Can You File A Restraining Order For No Reason In Oklahoma?

No, a person cannot file a protective order in Oklahoma without a legitimate reason. A protective order is a civil court order designed to protect residents from domestic abuse, stalking, harassment, or threats. To obtain one, the petitioner must demonstrate to the court that they are a victim of one of these behaviors and provide evidence to support their claim.

What Proof Do You Need For A Restraining Order In Oklahoma?

Individuals need to have sufficient proof before they can get a protective order in Oklahoma. They can present the following proof before the District Court in the county where the petitioner or defendant lives or the incident occurred:

• Testimonies from anyone who has witnessed the incidents or can corroborate the petitioner's claims.
• Any useful documents like medical records, police reports, or photographs of injuries or property damage.
• A history of past incidents involving the offender, including prior protective orders, documented complaints, or criminal charges.
• Any physical evidence connected to the incidents, such as broken property, threatening correspondence, or other relevant items that substantiate the claim.
• Any electronic communication, like emails, voicemails, text messages, or social media messages that demonstrate threats, harassment, or abusive behavior.
• his is a personal account of the incidents that led to the request for a protective order. This should include dates, times, locations, and descriptions of the behavior or threats.

How Long Does It Take To Get A Restraining Order In Oklahoma?

The time it takes to get a protective order in Oklahoma varies because each case is unique. The application process can take days or weeks, depending on the case and necessary documentation. Once a protective order is filed, it will take at least two weeks. However, it can take longer if the respondent cannot be located and served or if the court date is reset.

How Long Does A Restraining Order Last In Oklahoma?

The expiration date for a protective order in Oklahoma varies depending on the type of protective order. For example, the emergency ex parte order is usually valid for 14 days from the filing date, while final protective orders can last up to 5 years. If a protective order expires, the petitioner can go to court to ask for an extension.

How Much Does A Restraining Order Cost in Oklahoma?

According to 22 OK Stat § 60.2(C), the court will not require the plaintiff or victim to pay any filing fees, service of process fees, attorney fees, or other related costs when submitting a petition for a protective order. This applies regardless of whether the protective order is ultimately granted. If a protective order is granted against the defendant, the court may impose court costs, service of process fees, attorney fees, filing fees, and other related expenses on the defendant during the hearing. However, the court can waive these costs and fees if the defendant cannot pay them.

Can You Cancel A Restraining Order In Oklahoma?

Under 22 OK Stat § 60.4, a petitioner may request to dismiss the petition and any emergency or final protective order at any time. However, a protective order dismissal requires a court order. The petition or ex parte order cannot be dismissed solely due to failure to serve the defendant, unless the victim requests dismissal or does not appear at the hearing.