Can I get my protective order enforced in Oklahoma? What are the requirements?
Yes. Your protection order can be enforced in Oklahoma 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.1
- 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.)
- It identifies you and the abuser.
- It is currently in effect (meaning it has not expired).
- 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 s/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.2
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.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b); 22 O.S. § 60.23(D)(1) & (2)
Can I have my out-of-state protection order changed, extended, or canceled in Oklahoma?
No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Oklahoma. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page and select the state where your order was issued from the drop-down menu.
If your order does expire while you are living in Oklahoma, you may be able to get a new one issued in Oklahoma but this may be difficult to do if no new incidents of abuse have occurred in Oklahoma. Also, it is important to know that if you do file for a new order in Oklahoma, the abuser will be notified and will have an opportunity to come to the hearing in Oklahoma to defend himself/herself against the order.1 If you do not want the abuser to find out that you are in Oklahoma, you may not want to file for a new order in Oklahoma.
To find out more information on how to get a protective order in Oklahoma, visit our Domestic Violence Protective Orders page.
1 22 O.S. § 60.4(1)
I was granted temporary custody with my protective order. Will I still have temporary custody of my children in Oklahoma?
Yes. As long as the child custody provision complies with certain federal laws,1 Oklahoma can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area. To find a lawyer in your area, click on our Finding a Lawyer page and select the state you are in from the drop-down menu.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.