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What is it? An order of the
court on behalf of a victim of domestic abuse, stalking, or harassment,
for the abuser to stop hurting, threatening, and harassing the
victim. In some cases, it may also order the abuser to move out
of a home that is shared.
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Who is eligible? People who
have been physically abused by a family or household member. This
includes spouses, ex-spouses, parents, children, people related by
blood or marriage, people who live together or who have lived together,
and people who are the biological parents of a child.
You can also apply for a protective order if you have been stalked or
harassed by someone who is not a family or household member.
Stalking means that someone is following you repeatedly.
Harassment means that someone is doing something to your or someone in
your family that causes you distress. This can include someone
following you, sending or leaving things at your home or workplace, or
calling you.
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How to file:
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Fill out a simple
petition which is available at the courthouse. |
2.
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You do not need an
attorney, and there is NO fee to file it.
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3.
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The judge may order
you or the abuser to pay court fees later, when the petition is heard.
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4.
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The petition asks
for information about threats and abuse, dates, times and locations of
abuse are needed.
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5.
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Proof of abuse --
pictures, letters, doctor's reports, are helpful to you.
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6.
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The abuser must be
notified of the protective order before it can go into effect. Be
sure to bring all of the addresses where he or she can be found, a
description of that person, and information about his or her car.
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7.
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When you fill out
the petition, you may ask for an emergency EX PARTE ORDER if you are in
immediate and present danger of abuse by someone in your
household. If the danger is not immediate, you can wait for a
regular protective order hearing.
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Emergency Temporary Orders:
When a law enforcement officer makes an arrest in a case of domestic
abuse during a time when the court is not open for business, you may
request an emergency temporary order from the officer. The
officer will provide the petition, ask you to complete and sign it,
then call a judge. The judge can issue the order by telephone,
and the officer will inform you about whether or not the order is
granted. Emergency temporary orders are only in effect until the
close of business on the next day that the court is open for business,
so it is important that you go to the courthouse the next day and apply
for an EX PARTE and full order.
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Ex Parte Protective Orders: If
an abuse emergency exists you can ask for an ex parte order, usually
given the same day requested and without the defendant appearing before
the judge. It is only in effect until a hearing can be held
with the defendant present. At the ex parte hearing, a date
within 10 days will be set for a full hearing. At the ex parte
hearing, the judge will read your petition and may ask you
questions. The judge will decided whether to give you a temporary
emergency order of protection. If an order is granted, you will
get a copy.
A law enforcement officer will serve (deliver) a copy of the order to
the defendant, along with a summons for the defendant to appear in
court at the full order hearing. the order is NOT in effect until
it is served on the defendant; that is, until he or she is
notified. You may want to check with the court clerk's office to
see whether service has been completed. If the defendant is
difficult to locate, you may hire a private process server instead of
using a law enforcement officer. Within 24 hours after service,
a copy of the order will be sent to law enforcement agencies which you
designate for them to keep on file.
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Final Protective Orders: The
final hearing, bring evidence and witnesses you have to show you need
a protective order. Explain to the judge any special requests,
like picking up children away from your home, during daylight hours,
etcetra.
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Enforcement: Do not wait for
physical violence to occur. Any violation of the VPO is
criminal. Keep notes and get officer names.
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SAFELINE
1-800-522-9054
Oklahoma Department of Mental
Health
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