What Is a Protective Order in Wagoner?
In order to understand what a violation of a protective order is, you need to know what a protective order is, how it functions, and what it does. At its simplest, a protective order is designed to protect one person against the actions of another person.
A protective order is an order 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.
Often times in domestic abuse cases, the court will issue a mutual protective order which means that both parties must refrain from contact of any sort. They can be effective for a very short period of time, or for a longer period of time.
Most often a protective order prohibits contact. But it can also prohibit threats, harassment, stalking, and all violence toward a victim. Okla. Stat. 22 §§ 60.1, 60.2.
A protective order may prohibit all contact, or it may be specific. For instance, it may prescribe that the perpetrator must stay at least 500 yards away from the victim, the victim’s home, or place of work. In addition, a person seeking a protective order can ask the court for the exclusive care, possession, or control of any animal within the household if circumstances warrant. This can prevent the perpetrator from using violence toward an animal as a tool of emotional harm toward the victim.
Most often the term “contact” is broadly interpreted. It can include, but is not limited to: following or appearing within the sight of the victim including the person’s home or workplace, approaching or confronting the victim anywhere, entering or staying on property owned or occupied by the victim, calling them, texting them, sending mail or email, or placing any kind of object on the victim’s property. Okla. Stat. tit. 22 § 60.1.
No contact means no contact of any kind, including recruiting family or friends to make contact. If you believe you need to exchange information with someone who has a protective order naming you, contact your attorney instead. Your attorney can contact the opposing party’s attorney for legitimate reasons. If you do not already have an attorney for family law matters, contact a Wagoner divorce attorney at (918) 485-0335.
Violation of a Protective Order: Penalties
A violation occurs whenever any of the terms of a protective order are compromised. If the order prohibits you from calling and you call for any reason, you have violated the order. If the order specifies that you stay at least 100 feet away and you come within 80 feet, you have violated the order. If the order says no contact, and you get your brother-in-law to make the contact, you have violated the protective order.
Penalties increase with successive violations. A first offense is a misdemeanor punishable by a jail term of as much as one year in the county jail and could include a fine of as much as $1,000. A subsequent violation of a protective order is punishable as a felony with a prison term of as little as one year to as many as three years. And you could be fined as little as $2,000 to as much as $10,000. Okla. Stat. tit. 22 § 60.6.
Penalties are more severe if the violation causes injury or impairment. With an injurious violation, a first offense is a misdemeanor punishable by jail time from as little as 20 days to as much as one year. And you could be fined as much as $5,000.
A subsequent injurious violation is a felony punishable by imprisonment from as little as one year to as many as five years. And you could be fined as little as $3,000 to as much as $10,000. These sentences are not eligible for probation, deferred sentencing or suspended sentencing.
In addition, the court can order treatment or counseling and order you to wear a 24-hour GPS device.
If you are subject to a protective order, it is important that you fully understand the scope and duration of the order. Sometimes, it can be tempting to contact the victim to try to explain away the contact. And sometimes accidental contacts occur, especially if the parties live or work in close proximity. Bring your questions and concerns to an Wagoner criminal defense lawyer who can help you understand what actions are prohibited.
Free Consultation: Wagoner Protective Order Attorney
Get the help you need. We pride ourselves on our ability to help our clients and are here to help you. For a free consultation with a Wagoner Oklahoma criminal lawyer call the Wirth Law Office – Wagoner at (918) 485-0335 or toll-free at (888) Wirth-Law. Or, as always, you may enter a legal question in the form at the top right of this page.