Know the Laws: Oklahoma
UPDATED October 31, 2008
If you are moving out of state or are going to be out of the state for any reason, your protection order can still be enforceable.
General Rules
back to topCan I get my PO from OK enforced in another state?
Yes. If you have a valid Oklahoma PO that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid POs granted in the United States receive "full faith and credit" in all state and tribal courts within the US, including US territories. See How do I know if my PO is good under federal law? to find out if your PO qualifies.
Each state must enforce out-of-state POs in the same way it enforces its own orders. Meaning, if your abuser violates your out-of-state PO, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by "full faith and credit."
back to topHow do I know if my protection order is good under federal law?
A PO is good anywhere in the United States as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
* 18 U.S.C. § 2266(5)** 18 U.S.C. § 2265(a) & (b)
back to topWhat are the advantages and disadvantages of registering my out-of-state PO?
Advantages: If your PO is registered in the new state, it is easier for law enforcement officials to verify that your order is valid. When police officers arrive on a scene, they generally check to see if your PO is registered in the state's registry. If it is not listed in the state registry, the police officer will have to look through the national registry or call the court where the order was issued. This takes longer and it could mean that your PO is not enforced right away.
Disadvantages: When you register your PO in a new state, some states (not all) will notify your abuser that the PO has been registered in the new state. If you do not want your abuser to find out what state you have relocated to, it is important to understand what the rules are in your new state.
back to topI have an emergency ex-parte protection order. Can it be enforced in another state?
Yes. Emergency ex-parte protection orders can be enforced by other states, just like any regular PO, as long as the abuser has been served and will have the opportunity to have a court hearing set before your emergency ex-parte protection order expires.
Note: The state where you are going cannot extend your emergency ex parte order, or issue you a final order when the emergency one expires. If you need to extend your emergency ex parte order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).