What types of protective orders are available? How long do they last?
There are three types of protective orders available in Oklahoma.
An emergency temporary protective order can be granted to a victim of domestic abuse 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 to fill out and help you do so, if necessary. Then the officer should notify a judge about your request and let you know if the judge approves it. You can receive an emergency temporary order without the knowledge of the abuser, and without the abuser being present in the court or in police custody. If the judge gives you the order, the police will notify the abuser.*
An emergency temporary order only lasts until the end of the next day that the court is open. To extend the order, on the first day that the court is open for business, you must file for an emergency ex parte order and a final protection order.*1
An emergency ex parte protection order can be granted if you file a petition at a district court during court business hours. It can be issued without the abuser’s knowledge or presence in the courthouse. To get an ex parte order, the judge must believe that the order is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.*2 An emergency ex parte order protects you until the hearing for your final protection order, which usually takes place within 14 days. However, if the emergency protective order 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 3 days, instead of 14 days.*3
A final protection order 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 5 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); or
- a court order for a final victim protection order has previously been issued against the abuser in any state.*4 Note: As of 2017, 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 5 years can be extended. For more information, see How do I change or extend the protective order?
* 22 O.S. §§ 60.16(C); 60.2(A)(2)
*1 22 O.S. § 60.3(C)
*2 22 O.S. § 60.3(A)
*3 22 O.S. § 60.4 (B)(1),(2)
*4 22 O.S. § 60.4(G)(1)