File a Restraining Order in Oklahoma Without a Lawyer

File a Restraining Order File a Restraining Order in Oklahoma Without a Lawyer

File a Restraining Order in Oklahoma Fast

Can I get a restraining order against my abuser?

If you or a family member are the victim of abuse in the state of Oklahoma, you can file a restraining order against the individual who assaulted you. The abuse doesn't have to be physical; you can also stop someone from stalking or harassing you, too. Keep reading to learn what behaviors are included in the laws for a restraining or protective order, and how DoNotPay can help you fill out the paperwork to file the Order.

Every state has different laws regarding protective orders, so make sure you're looking up the right state.

You don't need an expensive lawyer to file the paperwork, and it's free in Oklahoma.

What Qualifies as Abuse?

In Oklahoma, it's called a protective order, and it's a civil court order that prohibits violent, threatening, and harassing behavior against you and your family. If the person who has attacked or threatened you is a family or household member, or a current or former partner, you can file a petition for protection. These are the events that qualify.

  • Domestic assault or abuse
  • Harassment or stalking
  • Rape or nonconsensual sexual assault

You can also file the petition if your situation meets these criteria.

  1. If a family member was the victim of first-degree murder, you can seek an order against the offender.
  2. Also, if you or someone you know has been the victim of the following crimes, no matter the personal relationship with the victim.
  • Kidnapping
  • Rape or forcible sodomy
  • Other sexual offenses
  • Assault with a deadly weapon

How Does the Petition Process Work?

There are two types of initial protective orders, then the final order is issued after a court hearing.

If You’re Filing During Normal Business Hours

Emergency Order

If you are the victim of any kind of domestic violence, either physical or psychological, you can file for a protective order against the abuser. You'll need to go to your county courthouse for the forms and return them to file the petition with the Clerk of Court. The first restraining order is called an emergency ex parte order of protection.

If the judge believes you are at risk, they will issue the Order without the abuser being present in the courthouse or their knowledge. This temporary Order is designed to keep you safe until a hearing date, usually within 14 days. If the order takes away the abuser's rights to child visitation, the final hearing date is moved up to within 3 days of the original order.

In many instances of domestic violence, the victim can file for an emergency order of temporary protection at the scene of the incident. Police officers and sheriff's deputies have the paperwork on hand for filing an emergency petition if it's late in the evening or the courthouses are closed for the weekend.

The officer will let a judge know about your request on the spot and let you know if the judge approves it. This too can be done without the abuser's knowledge or presence. This emergency temporary order of protection is good until the next court appearance, typically within 14 days.

Final Protective Order

Your abuser does have the right to be present at the final hearing before the final protective order is issued. Here are the limits to this kind of order.

If your abuser is incarcerated at any time during that time, the clock stops on the order and restarts when they are free again. In other words, time in jail or prison does not count towards the protective order.

  • A continuous order lasts indefinitely if the judge finds any of these circumstances apply to your case.
  • The abuser has a pattern of violating court orders.
  • The abuser has already been convicted of a violent felony or felony stalking.
  • This is not the first time the abuser has had a protection order issued against them.

An order from any state is valid to issue an open-ended protective order. To ensure that the judge is aware that you wish to pursue this order, please let them know in writing that this is the type of order you are seeking. You will need written proof of the prior abuse reports and conviction record for the judge to consider your request.

The judge has leeway to consider a prior history of domestic abuse and violence when they are determining the length of the protective order.

DoNotPay Can Help With the Petition

DoNotPay can help you navigate the paperwork and process that are part of filing these petitions. It's a stressful enough time for you, so DoNotPay is here to help you get all your forms filled out completely and correctly, in the privacy of your home. You will have to physically go to the courthouse in your county and file the petition in District Court, but DoNotPay can help you with the process until that point.

How to apply for a restraining order with the help of DoNotPay:

  1. Search for relationship protection on DoNotPay.

     

  2. Answer a few easy questions on DoNotPay’s File a Restraining Order product.

     

  3. Submit the form and you're done.

     

There's More That DoNotPay Can Do for You

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