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Legal Information: Oklahoma

Restraining Orders

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April 25, 2018

What types of victim protective orders are available?

There are two types of victim protective orders: emergency temporary orders and final protective orders.

Emergency temporary orders:

Emergency temporary orders are granted ex parte, which means the offender does not need notice of your request.  You can request an emergency temporary order of protection when the court is not open for business.  The peace officer (law enforcement) investigating your case will:

  • provide you with a petition for an order;
  • notify the judge of your request;
  • communicate with you whether the judge approved or denied your request.  If it was approved, the officer will provide you with a copy of the petition and a written statement signed by the officer to show that the judge approved your request for an order; and
  • notify the abuser about the order and the terms of the order.*

The emergency order will last until the end of the next day when the court is open.

Although the statute is not clear, similar to the domestic violence protective order process, you should be able to get a temporary ex parte order on the day you file a petition in court (in situations where the court is open) that lasts until your court date for a final order.  You can read more about temporary orders on our Domestic Violence Protective Orders page.

Like a domestic violence protective order, a final victim protective order hearing is scheduled within 14 days of filing your petition and can last up to five years.** 

* 22 O.S. § 40.3(A)
** See 22 O.S. § 40.2(A), 22 O.S. § 60.4(G)(1)