In Okmulgee, Oklahoma protective order is an order issued by a court to protect a victim from contact with an offender. Protective orders are most often issued in cases of domestic abuse or to prevent stalking or harassment.
The crime of Oklahoma violation of a protective order is a serious offense with a variety of potential penalties.
FAQ: Protective Orders in Okmulgee
A protective order prohibits all contact and usually requires that an offender keep a certain required distance from the victim. The orders are made to keep the victim safe.
In the case of a protective order, the term “contact” is construed broadly. The types of prohibited “contact” can include: following or appearing within the sight of the person, approaching or confronting the person anywhere, appearing at the person’s work or residence, entering or staying on property owned or occupied by the victim, calling them, texting them, sending mail, emailing them, or placing any kind of object on the victim’s property. Okla. Stat. tit. 22 § 60.1
No contact means no contact of any kind.
In addition, the person prohibited from contact may not enlist the help of family or friends to make contact either.
For example, an old boyfriend with a restraining order against contact enlists the help of his sister to contact a domestic violence victim to try to talk her into coming back to him. Under the law, this constitutes an Oklahoma violation of a protective order.
Penalties For Oklahoma Violation of a Protective Order
An Oklahoma violation of a protective order can have serious repercussions for all involved.
A first offense is a misdemeanor and is punishable by up to a year in the county jail, a fine of up to $1,000, or both.
Any subsequent Oklahoma violation of a protective order is punishable as a felony with one to three years in prison, a fine between $2,000 and $10,000, or both.
If you cause the victim any physical injury in violating the restraining order, the crime is much more serious. Okla. Stat. tit. 22 § 60.6
If any physical injury or impairment occurs, the crime is punishable as a misdemeanor for the first offense. You could spend 20 days to 12 months in jail, pay a fine of up to $5,000, or both.
Subsequent violations are treated as felony crimes. These are punishable by one to five years’ imprisonment, a fine between $3,000 and $10,000, or both.
These sentences are not eligible for probation, deferred sentencing, or suspended sentencing. If convicted of an advanced Oklahoma violation of a protective order, you will spend more time in jail.
Defenses
The most common defense is that of lack of knowledge. The offender may not yet have gotten a copy of the order, or the offender and the victim may accidentally meet. In those cases, avoiding jail may be a matter of having your attorney fully explain the circumstances to the judge.
Low-cost Consultation: Okmulgee Criminal Defense Attorney
If you or someone you know is charged with an Oklahoma violation of a protective order, call 918-756-9600 right away for a initial strategy session with an Okmulgee criminal defense attorney.
You may also send a message to the Wirth Law Office – Okmulgee through this website. All inquiries are confidential.
