Oklahoma Victim Protective Orders
VICTIM PROTECTIVE ORDER (VPO) IN OKLAHOMA – RULES AND PROCESS
A Victim Protective Order (VPO) in Oklahoma is a legal tool to protect individuals from domestic abuse, harassment, stalking, or threats of harm, particularly when there’s a close relationship between the parties involved. A VPO can carry civil and criminal penalties if violated.
Who Can Get a VPO?
The following individuals are eligible to seek a protective order in Oklahoma:
- The victim of stalking;
- The victim of harassment;
- The victim of domestic abuse;
- The victim of rape; or
- any adult or household member on behalf of any other family member or household member that is a minor with the age of 16 or 17 years.
The person seeking protection is the Petitioner, and the person the order is against is the Defendant. A qualifying relationship is required unless the VPO is for certain serious crimes. Qualifying relationships include:
- Current/former spouses;
- Dating or former dating partners (defined by affectionate/sexual involvement);
- Family or household members;
- Biological parents of the same child.
Qualifying Acts
The defendant’s behavior must include one or more of the following: causing or threatening physical harm, stalking, or harassment.
Domestic Abuse: Defined as actual or threatened harm by someone who is a family or household member or intimate partner.
Stalking: Repeated, unwanted contact that causes fear or harassment. Examples include following, showing up at work/home, or sending messages despite being told to stop.
Harassment: A pattern of annoying or alarming behavior with no legitimate purpose, often emotional or psychological in nature.
Stalking requires a prior report to law enforcement before filing a VPO.
How to Get a VPO
There are two main types:
- Emergency Ex-Parte VPO: Filed during courthouse hours by submitting a Petition for Protective Order. The court may issue an order without the Defendant present if there is imminent danger.
- Emergency Temporary Ex-Parte VPO: Available when the courthouse is closed. Law enforcement helps victims seek this order, valid until a judge holds a hearing (within 14 days).
The VPO takes legal effect only after the Defendant is served with:
- The filed Petition;
- Notice of Hearing;
- Emergency Order (if issued).
If service is unsuccessful, the court may extend the emergency order and reschedule the hearing. VPOs cannot be dismissed for lack of service alone unless the Petitioner requests dismissal or fails to appear.
VPO Hearing Process
A hearing must be held within 14 days of filing. The Petitioner presents evidence first and must prove their case by a preponderance of the evidence. Both parties can present evidence and cross-examine witnesses. Courts can issue broad restrictions to prevent future harm and tend to err on the side of caution.
If the Defendant fails to appear but was served, the emergency order remains active, though a final order typically requires another hearing.
In cases with ongoing criminal proceedings, final hearings may be delayed to protect the Defendant’s constitutional rights.
Legal Representation & Case Preparation
Whether seeking or defending against a VPO, hiring experienced legal counsel is key. Attorneys can help identify admissible evidence, prepare witnesses, and navigate court rules. Even without counsel, both parties must follow the rules of evidence at the hearing.
Abuse of the VPO Process
Protective orders are sometimes misused, especially in family law disputes. Oklahoma law (22 O.S. §60.4(H)) criminalizes seeking a VPO without just cause for purposes like harassment or gaining custody advantage. Violators may face fines and jail time, with harsher penalties for repeat offenses.
Testifying at Your VPO Hearing
While you’re not required to testify at your Victim Protective Order (VPO) hearing, doing so can strengthen your case—unless there’s a risk it could incriminate you in a current or future criminal matter. Most VPO hearings are recorded by a court reporter, and anything you say can be used in a criminal prosecution. Whether or not you testify, you should present as much relevant, admissible evidence as possible to either support or challenge the protective order.
Final VPO Issued—What Now?
If a Final Victim Protective Order is granted, the defendant must comply with all terms of the order, which usually include:
- No contact with the petitioner
- Staying away from the petitioner’s home and workplace, unless allowed by law enforcement or a court-approved civil standby
Final VPOs in Oklahoma can last up to five years, and violating a VPO is a criminal offense.
Important: Only the defendant can violate a VPO. If the petitioner contacts you, responding can still result in your arrest. You cannot use the petitioner’s communication as a legal defense.
Consequences of Misuse
Beyond no contact, a VPO may include:
- No communication via phone, text, email, social media, or third parties
- No threats or physical force, directly or indirectly
- No actions causing fear of harm to the petitioner or their household
- Restrictions on altering utilities or services used by the petitioner
- Immediate surrender of firearms and weapons
- Mandatory domestic violence counseling or treatment
This list is not exhaustive. Speak with a VPO attorney to understand the full scope of the order and how it may affect your rights.
Impact of a VPO
A VPO can impact child custody, housing, employment, and firearms rights. It creates a public record and any violation is a criminal offense. Being served with a VPO in Oklahoma is serious. The legal standard to issue a temporary VPO is low, and unfortunately, your reputation and freedom can be affected immediately.
Court records are public and searchable on OSCN.net, which means:
- Anyone can see your name listed in a VPO
- Anyone can read the petition filed against you
This isn’t to alarm you—it’s to emphasize that you need to act fast. Start by:
- Complying fully with the VPO (even if it feels unfair)
- Contacting a VPO attorney immediately
- Gathering evidence and witnesses for your hearing
Contact our criminal defense attorneys at Cannon & Associates If You’ve Been Served
Have you or a loved one been arrested in Oklahoma City? Are you concerned about your future following arrest in Oklahoma? Our team of Your Fierce Advocates® at Cannon & Associates is led by Army Veteran, John Cannon and we’re privileged to fight for client’s rights and freedom in Oklahoma criminal defense cases. We’re available 24 hours a day, and 7 days a week to schedule a Free Case Planning Session to understand your options and rights in an Oklahoma criminal case!
VPO Resources
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