A protective order in Oklahoma is issued by a court, most often in a case of either domestic abuse or other stalking or violent behavior. It is issued to protect the victim.
Typically, a protective order in Muskogee prohibits contact. It also prohibits threats, harassment, stalking, and all acts of violence toward the victim. Okla. Stat. tit. 22 §§ 60.1, 60.2
What is a Protective Order in Oklahoma?
Contact is a broad term. The type of contact prohibited by a protective order in Oklahoma can include, but is not limited to: following or appearing within the sight of that person, approaching or confronting that person anywhere, appearing at the person’s work or residence, entering or staying on property owned or occupied by the victim, calling them, texting them, sending mail or emailing them, or placing any kind of object on the victim’s property.
No contact means no contact of any kind. The person prohibited from contact may not enlist the help of family or friends to make contact either.
It is important that if you are served with a protective order in Oklahoma that you refrain from contacting or attempting to contact the victim to try to explain your actions or position.
Instead, it is much better to contact an experienced defense attorney in the Muskogee area who can explain the protective order to you and who can help you understand what actions are prohibited.
Violation of a Protective Order in Muskogee: Penalties
The presence of a protective order in Oklahoma is important for both the victim and the perpetrator. It establishes a clear boundary of acceptable and prohibited behavior.
The violation of a protective order in Oklahoma is a misdemeanor crime. It is punishable by up to a year in the county jail, a fine of up to $1,000, or both. These penalties apply even for a first offense.
A subsequent violation of a protective order is punishable as a felony offense. The penalties are one to three years incarceration, a fine between $2,000 and $10,000, or both. The crime is much more serious if you cause the victim any physical injury. Okla. Stat. tit. 22 § 60.6
A person who violates a protective order in Oklahoma and causes any physical injury or impairment to anyone named in the protective order may be found guilty of a misdemeanor for the first offense. This is punishable by 20 days to 12 months in jail, a fine of up to $5,000, or both.
A subsequent violation resulting in injury is treated as a felony. The penalties are one to five years’ imprisonment, a fine between $3,000 and $10,000, or both.
None of these sentences are eligible for probation, deferred sentencing, or suspended sentencing. That means if convicted, you will spend more time in jail.
In addition, the court has the ability to order you to undergo treatment or counseling with subsequent reviews to ensure that you attend sessions regularly. And finally, the court may order you to wear a 24-hour GPS device.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
If you are being investigated or have already been charged with violating a protective order in Oklahoma, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office-Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
