What types of orders are there? How long do they last?
There are two types of stalking protective orders available.
An emergency ex parte protective order is a short-term protection order that is granted because a judge decides it is necessary to protect you from immediate and present danger of stalking. It is granted after a hearing the same day you file the petition. This can be done without the stalker’s knowledge or presence at the hearing. This protective order will remain in effect until after a full hearing is conducted for the final order of protection, which usually takes place within 14 days.1
A final protection order order can be issued only after a court hearing in which you and the stalker both have the right to be present and the right to present evidence. A final order can either:
- last up to 5 years (Note: any time that the stalker 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 stalker has a history of violating the orders of any court or governmental entity;
- the stalker has previously been convicted of any violent felony offense or felony stalking (see (B) of the statute); or
- a court order for a final victim protection order has previously been issued against the stalker in any state.2
When determining the length of the order, the judge can take into consideration the fact that the stalker has a history of domestic violence or a history of other violent acts.2
An order that lasts up to 5 years can be extended. For more information, see How do I change or extend the protective order?
You may want to have a lawyer present at your hearing, especially if you believe the stalker will have one. For free and paid legal referrals, go to our OK Finding a Lawyer page.
1 22 O.S. §§ 60.3(A), 60.4(B)(1)
2 22 O.S. § 60.4(G)(1)