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Violating a Protective Order

Violating a protective orderIn Tulsa County Violating a protective order is a criminal offense. When discussing violating  a protective order It’s first useful to understand what a protective order is and why people use them.  First, a protective order intends to protect someone from another person’s harmful actions.  This is most often the case in spousal abuse, stalking, or harassment incidents.  For example, in the 1984 Oklahoma case of Marquette v. Marquette, the ex-wife was granted a protective order against her ex-husband.  He harassed her, verbally threatened her, and threw clothing, children’s toys, and other items at her in front of their children.  This situation is typical for protection orders.

Levels of Penalties for Violating a Protective Order

Violating a protective order is punishable in Oklahoma.  Violations include anything that is expressly prohibited in the order.  This is often communication through phone, text, or in person; any personal contact; or being present within a certain vicinity of the victim.  However, the degree of punishment is dependent on certain matters.  The following will discuss and explain these in detail.

First Offense w/out Physical Harm:  Upon the first violation of a protective order and if no injuries to any party occur, the offender may receive misdemeanor charges.  This carries a maximum of one year in county jail.  The prison sentence may also couple with a fine up to $1,000.

First Offense w/Physical Harm:  If physical injuries or harm occurs to anyone present during a first time violation of the protective order, then it is a misdemeanor.  The fines can reach up to $5,000 and jail time is 20 days to one year.

Second Offense:  If the protective order has been violated before and this is a repeat offense, the penalty is a felony.  This is subject to 1 to 5 years in prison and a fine between $300 and $10,000.

Further, any of these penalties can include court ordered treatment programs such as: anger management, domestic abuse programs, substance abuse counseling, etc.  The programs last 52 weeks and subject to review 120 days after completion.  If the issues are severe enough, penalties may also require a GPS monitoring device.  The offender will be liable for all fees regarding the GPS device.

Let our Tulsa County Lawyers Help You:

If you are struggling with the legal ramifications of a protective order call us.  Our attorneys have experience navigating these channels and can help. Our first consultation is free. For more information read our Tulsa County Lawyers blog or call us at 918.379.4864