Restraining Orders

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:

1. last up to five years (Note: any time that the stalker was incarcerated during those five years do not count in calculating the five-year period); or
2. 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); 
   • a court order for a final victim protection order has previously been issued against the stalker in any state; or
   • the victim provides proof that a continuous protective order is necessary for his/her protection.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 five 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)