Tulsa Protective Order Defense Attorney

Emergency Protective Orders in Oklahoma

A petitioner can ask the court for an emergency ex parte protective order. If the petition states sufficient grounds for an emergency hearing, the court will hold the ex parte hearing on the same day the petition is filed.

“Ex parte” means the defendant is not present for that initial hearing. If the judge finds good cause to believe an emergency order is necessary to protect the petitioner from immediate and present danger of domestic abuse, stalking, or harassment, the court may issue a temporary order before hearing the defendant’s side of the case.

That procedure gives the petitioner an opportunity to obtain immediate protection, but it also means the court may initially hear only one side of the allegations. The full hearing is the defendant’s opportunity to contest the allegations, present evidence, and argue against entry of a final protective order.

The petition, notice of hearing, and any emergency order must be served on the defendant according to Oklahoma law. The sheriff ordinarily attempts service, but Oklahoma law also provides other methods of service when the sheriff cannot complete it.

What Happens at the Full Protective Order Hearing?

If the petition states sufficient grounds for a full hearing, Oklahoma law requires the court to schedule that hearing within fourteen days after the petition is filed. The full hearing may occur even if an emergency ex parte order was never issued.

At the hearing, both sides may present evidence concerning the allegations and the need for a protective order. The judge then decides whether to deny the petition or enter a final protective order and what restrictions or conditions are appropriate.

A Tulsa protective order defense attorney can review the allegations, prepare evidence, identify inconsistencies in the petitioner’s account, question witnesses, and present the defendant’s side of the case to the court.

Do Not Ignore a Protective Order Hearing

If you have been served with a protective order and notice of hearing, do not ignore the court date. Failing to appear does not make the case disappear and can leave the emergency order in effect while the court proceeds with the protective order process.

Oklahoma law provides that when a defendant has been served but does not appear for the hearing, the emergency ex parte order remains in effect until the defendant is served with any final protective order entered by the court. Appearing and defending the case gives you the opportunity to challenge the allegations before a final order is entered.

Protective Orders Can Affect Family, Employment, and Firearms

A protective order can significantly disrupt a person’s life. Depending on the terms of the order, it may affect contact with children or other family members, access to a residence, employment, professional licensing, and other important parts of daily life.

Protective orders can also create firearm consequences. A court may include surrendering all firearms as a requirement in a protective order, and federal law prohibits firearm and ammunition possession by a person who is subject to qualifying protective orders. Whether the federal prohibition applies depends on factors that include the relationship between the parties, notice and an opportunity to participate in a hearing, and the findings or terms contained in the order.

Violating an Oklahoma Protective Order

A protective order remains enforceable unless and until the court changes or terminates it. The person protected by the order cannot give the defendant permission to disregard its terms, so informal agreements or invitations to make contact will create serious problems while the order remains in effect.

A violation of a served protective order is prosecuted as a misdemeanor, but the State must prove that the violation was willful. Oklahoma law does not make every accidental or unintentional contact a criminal violation merely because some form of contact occurred.

After a prior conviction for violating a protective order, a second or subsequent violation will be prosecuted as a Class D1 felony. Separate penalties also apply when a violation causes physical injury or involves other criminal conduct.

Criminal charges for violating a protective order are different from the original civil protective order proceeding. If you are accused of violating an order, the criminal case should be evaluated separately from the question of whether the protective order itself was justified.

Protective Orders and Expungement

A protective order case also creates a court record separate from an ordinary criminal prosecution. In qualifying circumstances, Oklahoma law allows some protective order records to be expunged after the case is resolved.

Protective order expungement has its own eligibility requirements and procedure. It should be evaluated separately from both the original protective order defense and any criminal charge alleging a violation of the order.