A protective order is a powerful legal tool that keeps individuals safe from threats, harassment, or acts of violence. In Oklahoma, protective orders are often used in situations involving domestic abuse, stalking, harassment, or threats of harm. If you feel unsafe because of another person’s actions, a protective order may help protect you and your family.
What Is the Purpose?
A protective order (sometimes called a restraining order) helps to:
- Prevent further harm – It prohibits the accused person (called the respondent) from contacting, threatening, or coming near you.
- Provide legal protection – Violations can lead to immediate arrest and criminal charges.
- Create a safe environment – It can include provisions requiring the respondent to leave a shared residence or stay away from certain locations, like your home, workplace, or school.
Protective orders are often used in cases of:
- Domestic violence or threats
- Stalking or harassment
- Sexual assault or abuse
- Threats of harm to children or other family members
How Do I Get a Protective Order in Oklahoma?
If you need to get a protective order, there’s a specific process for you to follow.
Step 1: File a Petition
You must file a petition at the district court in the county where you live, where the incident occurred, or where the respondent lives. Many people file at their local courthouse, and court clerks often provide forms to start.
Step 2: Explain Why You Need Protection
In the petition, you must explain:
- What happened and why you feel unsafe.
- Whether there have been previous threats, violence, or harassment.
- If children or other family members are also at risk.
Step 3: Temporary (Emergency) Order
If the situation is urgent, the judge may issue a temporary order the same day you file, often without the respondent present. This temporary order remains in effect until the court holds a full hearing.
Step 4: Court Hearing
Within about two weeksthe court will hold a hearing where both sides can present evidence and testimony. If the judge agrees that protection is necessary, they will issue a final order, typically lasting up to five years and sometimes longer for severe cases.
What Does a Protective Order Include?
A protective order can:
- Order the respondent to have no contact with you (including phone calls, texts, and social media).
- Require the respondent to stay away from your home, work, or school.
- Remove the respondent from a shared residence.
- Address temporary custody of children or pets if necessary.
Violating a protective order is a crime in Oklahoma and can result in immediate arrest, fines, and jail time.
Do You Need a Lawyer?
While it’s not mandatory to have an attorney to request a protective order, having legal representation can:
- Help ensure your petition is clear and complete.
- Provide guidance during the hearing.
- Strengthen your case with evidence and testimony.
Tulsa Protective Order Attorneys
The purpose of a protective order is to provide safety and peace of mind for individuals who are threatened or harmed. The process to get one is designed to be accessible and fast, with immediate temporary protection available when needed. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a free consultation.