Violating a protective order in Creek County is a crime. However, there are many ways in which this can occur. As a result, it’s first important that you understand what a protective order is and why they exist. Generally, Oklahoma Courts will place a protective order against a person in one of several situations: domestic abuse, stalking and harassment, etc. These intend to protect the person placing the order from facing harm by the person the order is placed against. Once a person files a protective order the Court sets it for trial. If the person that its filed against fails to appear or loses at trial the protective order is granted. This is a common course of events that lead to a protective order.
Violating a Protective Order and the Categories
Violating a protective order in Creek County falls into certain categories under Oklahoma statutes. These are:
- First Violation with no physical injury: Violating a protective order for the first time is a misdemeanor charge if no injury occurs to the victim. You may still face up to one year imprisonment and fines reaching $1,000.
- First Violation with physical injury: Violating a protective order for a first time where physical injury does occur to the victim or anyone else present is still a misdemeanor crime. However, fines may now reach up to $5,000.
- Second Violation: Any time someone violates a protective order repeatedly it is a felony offense. You may now face imprisonment up to 5 years. Further, fines can now reach up to $10,000.
Courts will sometimes follow up protection orders with certain requirements. These can be treatment programs for substance abuse, anger, or more. The programs regularly last for a full year with the court reviewing your progress 120 after you complete them.
YOU MAY ALSO FIND OUR BLOG ARTICLE ON AGGRAVATED ASSAULT AND BATTERY USEFUL.
What is a Violation?
Since you can recognize the penalties, you may be curious on what a violation actually is. Well, this could be anything that is expressly outlawed in the specific protection order. Courts will often prohibit any communication between the person placing the order and the person receiving the order against them. Thus, any contact via phone, text, social media, in person, etc. is all a violation. Also, any personal contact or presence within a certain vicinity of the potential victim is a violation.
Protective Order Attorneys in Creek County
Our Creek County Attorneys understand that sometimes protective orders are not reflective of the actual situation. If you are facing violating a protective order charges, let us defend you. Your first consultation is free.