Violating a protective order can occur more often than people realize. This is because they are almost always automatically sought during divorce proceedings or in a domestic abuse situation. The point of a protective order is to protect someone from a specific person who may harm them. So, as you can expect, in many cases a contentious divorce and child custody is ripe for protective orders. They intend to prevent stalking, harassment, and spousal abuse. However, protective orders can be against any person who wishes to harm you.
Violating a Protective Order and the Consequences
Oklahoma law punishes protective order violations. Anything the order distinctly prohibits is a violation of a protective order. So, any type of communication—even through phone or social media—is usually a violation. This even includes those times when the person holding the protective order wishes to visit with you against the order.
Oklahoma has a hierarchy of consequences for violating a protective order. We summarize it here:
- 1st violation: A first violation is a misdemeanor charge. Misdemeanors in Oklahoma have a maximum prison sentence of one year. You may also receive fines up to $1,000.
- 1st violation with bodily injury: If your violation includes bodily harm or injury to anyone else in the area, then you are still facing a misdemeanor charge. However, fine amounts can now reach up to $5,000.
- 2nd violation: If you have a second violation of the same order, then you will face felony charges. This could include a jail sentence up to five years and fines reaching $10,000.
QUESTIONS ON THE LEGALITY OF HARASSING PHONE CALLS? SEE OUR BLOG FOR INFO.
For any of the violations, a court may require you to undergo certain counseling or treatment programs as part of the punishment. These usually last for one year and require a review within four months of completion. Sometimes, a GPS device will be part of the punishment as well. This is only for the most severe offenders.
VPO Attorneys Near You
Our attorneys understand that protective orders are a common tool of divorce and custody battles. If you are facing charges of violating a protective order, we can help. Our attorneys have the skill and experience you need to successfully challenge an order violation. Our first consultation is free.
