What types of protective orders are available? How long do they last?
There are two types of protective orders available in Oklahoma.
An emergency ex parte order of protection can be granted without the abuser’s knowledge or presence in the courthouse.To get an ex parte order of protection, the judge must believe that the order is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.1 An emergency ex parte order of protection protects you until the hearing for your final protective order, which usually takes place within 14 days. However, if the emergency ex parte order of protection suspends the defendant’s child visitation rights due to physical violence or the threat of abuse, the hearing for the final order may be scheduled within three days, instead of 14 days.2 If you need an order when the court is closed, such as late in the evening or on the weekends, a police officer or sheriff can give you the petition and help you fill it out if necessary. The officer would notify a judge about your request and let you know if the judge approves it. If the judge issues an emergency temporary order, the officer should give you a copy of the petition and a written statement signed by the officer stating that the judge has approved the emergency temporary order of protection.3
A final protective order can be issued only after a court hearing in which you and the abuser both have the right to be present and the right to present evidence. A final order can either:
- last up to five years (Note: Any time that the abuser was incarcerated during those five years do not count in calculating the five-year period); or
- be a continuous order with no specific end date if the judge finds that any of the following are true:
- the abuser has a history of violating the orders of any court or governmental entity;
- the abuser has previously been convicted of any violent felony offense or felony stalking (see (B) of the statute);
- a court order for a final victim protection order has previously been issued against the abuser in any state; or
- the victim provides proof that a continuous protective order is necessary for his/her protection.4
Note: The protective order form does not have a space to check-off that a continuous order is requested. You may want to specifically write that you are requesting this is in the petition, verbalize it in court to the judge, and come prepared with proof of the abuser’s conviction record or proof of the prior order.
When determining the length of the order, the judge can take into consideration the fact that the abuser has a history of domestic violence or a history of other violent acts.4
An order that lasts up to five years can be extended. For more information, see How do I change or extend the protective order?
1 22 O.S. § 60.3(A)
2 22 O.S. § 60.4(B)(1), (B)(2)
3 22 O.S. §§ 60.16(C); 60.2(A)(2)
4 22 O.S. § 60.4(G)(1)