Many people in a protective order hearing are unaware that what occurs during the protective order case may later affect a criminal prosecution. This is particularly true in domestic violence cases, where allegations often give rise to both a protective order action and criminal charges arising from the same incident. Whether evidence from a protective order hearing can be usable in a Tulsa criminal case depends on the nature of the evidence, the purpose, and the applicable Oklahoma Rules of Evidence.
Protective Order Hearings Are Separate From Criminal Cases
A protective order case is a civil proceeding, while a criminal prosecution is brought by the State of Oklahoma. Although the proceedings are separate, they often involve the same underlying allegations.
At a final protective order hearing, both parties generally have the right to testify, present witnesses, introduce evidence, and cross-examine opposing witnesses. The court then determines whether the petitioner has proven the allegations by a preponderance of the evidence, a much lower standard than the beyond a reasonable doubt standard required in criminal cases.
A Defendant’s Testimony Is Usable Against Him
Any statements voluntarily made by a defendant during the protective order hearing may potentially be usable by prosecutors as admissions in a later criminal proceeding. For this reason, Oklahoma courts frequently continue final protective order hearings when related criminal charges are pending, preventing defendants from being forced to choose between exercising their Fifth Amendment right to remain silent and defending themselves in the protective order case.
Prior Testimony May Be Usable for Impeachment
Even when protective order testimony is not evidence, it may be usable to challenge a witness’s credibility. For example, if a witness testifies differently during a criminal trial than at the protective order hearing, prosecutors or defense counsel may use the prior testimony to challenge the witness’s credibility as inconsistent.
Findings From a Protective Order Hearing Are Not Automatically Proof of Guilt
Many people mistakenly believe that the issuance of a protective order automatically proves a defendant committed a crime. That is not the law.
A protective order is under a lower burden of proof than a criminal conviction. The State must still independently prove every element of a criminal offense beyond a reasonable doubt. Evidence that a protective order exists does not automatically establish criminal liability.
Speak With a Tulsa Criminal Defense Attorney
If you are facing criminal charges and a protective order based on the same allegations, you should seek legal advice immediately. Statements made during the protective order proceeding may have consequences far beyond the protective order itself. If you need help, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a free consultation.