Legal Information: Oklahoma

Restraining Orders

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December 10, 2021

What protections can I get in a protective order?

The law says that a judge can issue “any” emergency ex parte order that the judge believes is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.1 Specifically, in an emergency ex parte order of protection, the judge can order that the abuser:

  • have no contact with you - in person, by phone, mail, electronically, or by any other means;
  • stop abusing, sexually assaulting, harassing, stalking, or threatening you – and stop “otherwise interfering” with you;
  • not use, attempt to use, or threaten to use physical force against you that would reasonably be expected to cause bodily injury;
  • stop doing anything that would make you afraid that the abuser is going to physically injure you, a relative, or a household member;
  • stay away from your home and allow the abuser to remove any clothing and other personal items from the home with a police officer there;
  • allow you to get your clothing and personal items from the home with a police officer present (if you will not be returning to live in the home that you shared with the abuser);
  • move out of the home (if you live together) and take no action to change utilities or telephone service;
  • stop seeing your children if s/he has visitation rights or make the visits supervised (although the order will generally not create an order of child custody, visitation, or child support if one does not already exist);
  • stay away from, have no contact with, and be prohibited from taking, giving away, harassing, threatening, or attacking any animal owned or kept by you, the defendant, or a child living in the either of your homes (and the judge can give you sole possession of the animal);
  • turn in all firearms and dangerous weapons; and
  • do anything else the judge thinks is necessary for your protection.2

A final protective order can do the following:

  • include everything listed above;
  • order that your cell phone provider or public utility provider transfer to you the billing responsibility for, and rights to, any wireless telephone numbers for you or your children and any household utility accounts;
  • order that the abuser attend domestic abuse counseling or treatment; (Note: Although you cannot be ordered to go to counseling or treatment, if you choose to do so, the judge can order the abuser to pay for some/all of the costs if the judge thinks it is appropriate);
  • order the abuser to use a 24-hour, real-time, GPS monitoring device; and
  • pay your attorney’s fees and court costs.3

When the court is closed, a judge can grant an emergency temporary order of protection, which can do the following:

  • order the defendant to have no contact with you, in person, over the telephone, or by other electronic means;
  • prohibit the defendant from abusing, injuring, sexually assaulting, harassing, or threatening you;
  • order the defendant to not commit any actions that put you in fear of harm; or
  • order other relief the judge feels is appropriate for your safety.4

1 22 O.S. § 60.3(A)
2 See Emergency Order of Protection on the Oklahoma Courts website
3 22 O.S. §§ 60.4, 60.17, 60.2(C)(1),(E); see also Final Order of Protection on the Oklahoma Courts website
4 See Petition for Emergency Temporary Protective Order on the Oklahoma Courts website

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