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?
You may request a VPO if you’re a victim of stalking, harassment, domestic abuse, rape, or certain violent crimes. Adults can also file on behalf of minors aged 16 or 17. To be eligible, you must have a specific type of relationship with the accused—like a spouse, ex, partner, relative, or someone you live with.
Some victims (e.g., of rape, kidnapping, assault with a deadly weapon, or family of a murder victim) can get emergency VPOs regardless of relationship.
Jurisdiction is required. The petition must be filed in a county where either party lives or where the incident occurred.
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 Orders (during courthouse hours): Go to the courthouse, fill out a petition, and a judge may issue an order without the defendant present if there’s imminent danger. This order takes effect after being served and lasts until a hearing.
Emergency Temporary Orders (when courts are closed): Law enforcement helps the victim contact a judge for immediate protection, lasting until a hearing within 14 days.
Before the VPO takes effect, the defendant must be served with the petition, notice of hearing, and emergency order. If not served, the court may reschedule and reissue the order. The order won’t be dismissed solely because of failed service.
VPO Hearing Process
Hearings must be held within 14 days of filing. If the defendant hasn’t been served, the hearing is postponed and rescheduled every 14 days. The judge can enter temporary terms, including restrictions on child visitation. Final orders must be issued within six months of service unless both parties agree to extend the temporary order.
At the hearing, both parties can present evidence, witnesses, and cross-examine each other. The burden is on the Petitioner to prove the need for protection by a “preponderance of the evidence” (more likely than not).
Legal Representation and Preparation
Hiring a VPO attorney improves your chances of successfully seeking or fighting a VPO. Your lawyer can help prepare your story, gather admissible evidence, and understand court rules. Testifying is optional, but helpful—unless a pending criminal case makes self-incrimination a concern.
Court’s Decision and Final Orders
If granted, a final VPO can last up to five years. Common restrictions include:
No contact with the Petitioner by any means (calls, texts, social media, etc.)
Staying away from the Petitioner’s home or workplace
Surrendering firearms
Completing counseling or treatment
Only the defendant can violate a VPO. Even if the Petitioner reaches out, the defendant must not respond unless allowed by the court.
Consequences of Misuse
Protective orders can be misused in divorce or custody cases. Oklahoma law makes it a crime to seek a VPO without cause for intimidation, harassment, or gaining custody advantage. Penalties include jail, fines, or felony charges for repeat offenses.
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.
If You’ve Been Served
Do not ignore the VPO. Hire a VPO attorney immediately. Attend all hearings, and gather any evidence or witnesses to support your defense. Violating the order—regardless of who initiated contact—can result in arrest or additional charges.
