Violating a Protective Order in Oklahoma? What Happens Next
When a protective order is issued in Oklahoma, it serves as a court directive designed to prevent one person from contacting or harming another, often in domestic abuse, stalking, or harassment situations. Violating this order is a serious offense and can lead to criminal charges Okla. Stat. tit. 22 § 60.6. The law defines key terms related to domestic abuse and harassment, outlining behaviors that protective orders aim to stop and the penalties for ignoring them. Okla. Stat. tit. 21 § 60.1.
Violating a protective order can include actions such as contacting the protected person, going near their home or workplace, or engaging in threatening conduct. These violations are taken seriously, especially when they involve stalking or domestic abuse. Okla. Stat. tit. 21 § 1173. The state may pursue criminal charges that can vary in severity depending on the circumstances, including whether the violation involved assault or caused injury. Okla. Stat. tit. 21 § 644.
Oklahoma law provides specific jury instructions that guide how these cases are evaluated. To convict someone of violating a protective order, the prosecution must prove certain elements beyond a reasonable doubt, such as the existence of a valid protective order and that the defendant knowingly violated it. OUJI-CR 3-24. Enhanced penalties may apply if the violation results in injury or if it is a repeated offense. OUJI-CR 3-25. The degree of injury caused can also affect the seriousness of the charges. OUJI-CR 3-26 .
For individuals facing charges related to violating a protective order, understanding the legal process is crucial. A criminal defense attorney can review the specific facts of the case, explain the possible consequences, and develop a defense strategy. This often involves examining whether the protective order was properly served, if the alleged contact actually occurred, and whether the accused understood the order’s restrictions. For more information or to schedule a consultation, contact a trusted Oklahoma City attorney today.
If you need legal help, call Wirth Law Office – Oklahoma City at (405) 888-5400.
