Oklahoma Protective Order:
What are the Requirements?
Whether it is referred to as an EPO (Emergency Protective Order), a VPO (Victims Protective Order), or simply a PO (Protective Order), the theme and purpose are the same: court intervention to protect on an individual from another. There are certain criteria that must be met and shown prior to getting a VPO in Oklahoma. An Oklahoma Protective Order is, in fact, a public record that can easily be accessed by anyone including current or potential employers, family, friends as well as strangers. With that in mind, it is the responsibility of the court to properly weigh and balance both the rights of the person seeking a Protective Order and the rights of the person contesting the order.
First of all, you must know the name of the person, and the location where he or she can be served. You will see in some cases that Judge will enter an EPO ( Emergency Protective Order) on your behalf until such time that the person in question can be located, but before a permanent order can be put in place, the person who you are trying to protect yourself from still has due process rights regarding and an opportunity to be heard. That means the person has to be served with the notice and then be given an opportunity to show up to court and contest the allegations if he or she wishes.
Once that person has been served with bot a copy of the petition and notice, then he or she has the opportunity to go to court and contest the allegations. If the person against whom the VPO (Victims Protective Order) is filed DOES NOT show up to court after he or she has been served, that person does forfeit the right to contest the allegations, and a default order will be entered for the person requesting the Protective Order.
If the person served with the PO petition and note DOES show up to contest the allegations, then the person seeking the VPO will have to show the court evidence that the Protective Order is necessary. I order to show that the PO is necessary, the requesting party must show that the person has in engaged in one of the following behaviors:
- Threatening Imminent Physical Harm – In order to show that someone has threatened you with imminent physical harm, you have to prove the threat, the imminent harm, and that a relationship exists with the other that is either familial, household, or dating in nature.
- Harassment – To show harassment, you have to prove that the same relationship exists (familial, household, or dating in nature) and that the harassing conduct seriously alarms or annoys you and serves no legitimate purpose. The harassing conduct must be such that it would cause a reasonable person to suffer “substantial emotional distress.” You must also be able to prove that you actually suffered such distress as well.
- Stalking – Stalking is the only avenue available to get a VPO against someone who you do not share either a familial, household or dating relationship with. If the person who is stalking you does not share such a relationship with you, you much file a report with local law enforcement prior to petitioning for a VPO, and you have to attach the police report to the petition. If you share such a relationship with someone who is stalking you, you can petition for a VPO without filing a police report.
Contact Jones Brown Law
If you feel that you are in need of assistance with an Oklahoma Protective Order, the Law Offices of Jones Brown are here to help you no matter what side of the PO you may find yourself. At the law offices of Jones Brown, we pride ourselves on principles of honesty, hard work, fair dealing and compassion in our representation. Our attorneys and staff are committed to adhering to a strict code of professional ethics. We dedicate ourselves to our clients’ best interests and making the legal process as painless and simple as possible for the injured and their family. CLICK HERE to contact Jones Brown immediately.