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.*
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.**
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.**
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.
* 22 O.S. §§ 60.3(A), 60.4(B)(1)
** 22 O.S. § 60.4(G)(1)