Protective orders in Oklahoma play a crucial role in safeguarding the well-being of individuals facing domestic abuse, harassment, or stalking. These court-issued orders are designed to provide victims with legal protection and peace of mind. However, violation of a protective order can lead to serious legal consequences. In this article, we’ll delve into the details of a statute that outlines these penalties and the associated legal procedures.
The following is for educational purposes only, is not legal advice, and does not constitute an attorney-client relationship. Laws change often and you should consult an attorney. If you or someone you know is facing criminal charges, call the Cale Law Office at 918-771-7314 for a free initial consultation. Or, contact us through the web.
- 1. Violation of a Protective Order | Penalties and Legal Consequences
- 2. Harsher Penalty for Violation with Physical Injury or Impairment
- 3. No Probation Allowed in Certain Instances
- 4. Counseling and Treatment Required for Violation of a Protective Order
- 5. The Protective Order Applies to the Defendant, Not Plaintiff
- 6. Judge Can Order GPS Monitoring
- Conclusion
- Charged With Violation of a Protective Order? | Free Initial Consultation
1. VIOLATION OF A PROTECTIVE ORDER | PENALTIES AND LEGAL CONSEQUENCES
Individuals served with a protective order face specific penalties if they violate the terms of the order. This includes an emergency temporary, ex parte, or final protective order, or a foreign protective order. Violations may include actions such as contact or proximity to the protected party. The consequences for violating these orders can be severe. Offenders can be charged with a misdemeanor and face fines of up to $1,000 and/or imprisonment in a county jail for up to one year.
For repeat offenders with a previous conviction for violation of a protective order, the penalties escalate to a felony charge. A second or subsequent violation can result in imprisonment for one to three years and/or a fine ranging from $2,000 to $10,000.
2. HARSHER PENALTY FOR VIOLATION WITH PHYSICAL INJURY OR IMPAIRMENT
Violating a protective order and causing physical injury or impairment to the plaintiff or others listed in the order, leads to severe consequences. This conduct is a misdemeanor. The penalty for this type of violation is 20 days to one year in jail and/or a fine not exceeding $5,000. For repeat violations with physical injury or impairment, a felony charge applies. In this instance, offenders face one to five years in prison and/or a fine between $3,000 and $10,000.
The degree of physical injury or impairment is taken into account when determining the appropriate length of imprisonment.
3. NO PROBATION ALLOWED IN CERTAIN INSTANCES
The statute outlines that the minimum sentences for certain violations are not subject to statutory provisions for suspended sentences, deferred sentences, or probation. This probation exclusion applies to: 1) a second or subsequent conviction; or 2) where the Plaintiff in the protective order is injured or impaired during the violation. However, other penalties, such as fines and lengthier probation, may still be subject to these provisions, at the discretion of the court.
4. COUNSELING AND TREATMENT REQUIRED FOR VIOLATION OF A PROTECTIVE ORDER
The statute emphasizes the importance of counseling and treatment for offenders. In cases of domestic abuse, the court mandates participation in counseling or treatment. Offenders will be required to attend programs for a minimum of 52 weeks, with evaluations before and after by program counselors or private counselors. If it is determined that an offender does not evaluate as a perpetrator of domestic violence, they may be ordered to complete other programs related to mental health, substance abuse, or anger management.
5. THE PROTECTIVE ORDER APPLIES TO THE DEFENDANT, NOT PLAINTIFF
The statute clarifies that at no time may a person protected by a protective order be held in violation of that order. Only the defendant against whom the protective order has been issued may be held responsible for its violation.
6. JUDGE CAN ORDER GPS MONITORING
Additionally, the court has the authority to order an offender to use a real-time GPS monitoring device as part of their sentence. This device allows authorities to track the offender’s movements, enhancing the safety of the protected parties. Offenders may also be required to cover the costs associated with the GPS device and its monitoring.
Source: Oklahoma Statutes, Title 21, sec. 60.6
CONCLUSION
Understanding the legal consequences of violating protective orders is crucial for everyone involved. Protective orders exist to ensure the safety and well-being of victims of domestic abuse, harassment, and stalking. This statute makes it clear that violating these orders comes with significant penalties, including fines and imprisonment. And, in the case of physical injury, the consequences can be even more severe. It’s essential for those served with protective orders to comply with their terms and seek legal counsel to navigate the complex legal landscape.
CHARGED WITH VIOLATION OF A PROTECTIVE ORDER? | FREE INITIAL CONSULTATION
Anyone charged with violation of a protective order should seek legal counsel right away. Call the Cale Law Office at 918-771-7314 for a free initial consultation and defense strategy plan. Or, contact us through the web.