A protective order in Muskogee protects a petitioner from contact, harassment, stalking, threats, or violence from the defendant. In most instances, a petitioner and a defendant are well known to each other. In Oklahoma, a protective order is often issued in cases of stalking, domestic abuse, or instances of violence. Okla. Stat. tit. 22 §§ 60.1, 60.2
What is a Protective Order in Muskogee?
A person served with a protective order in Muskogee may not make any contact with the petitioner, and that includes enlisting the help of family members or friends to communicate. The person served with the protective order cannot follow the petitioner anywhere or appear within their sight at their home or workplace.
They cannot approach the petitioner anywhere or confront them, stay at, or enter property occupied by or owned by the victim. The statute that addresses violating protective orders prohibits placing any item on any property belonging to the petitioner, sending them any mail, email, text, or calling them. Contact on social media is also prohibited.
Burden of Proof
The state must prove the following three elements beyond any shadow of a doubt to get a conviction on charges of violating a protective order in Muskogee.
- The willful
- violation of a protective order
- served on the defendant.
Penalties for Violating a Protective Order in Muskogee
Violating a protective order in Muskogee is taken rather seriously. The penalties are harsh if you are convicted of this crime.
If convicted for the first time, a defendant can spend up to one year in prison, pay a fine of up to $1,000, or both jail. A first offense is tried as a misdemeanor. Okla. Stat. tit. 22 § 60.6
A second and subsequent violation is punished as a felony. A defendant convicted for a second or higher offense of a protective order faces between one and three years in prison, a fine between $2,000 and $10,000, or both.
If a person causes physical injury or impairment while violating a protective order, they face up to a year in jail. A fine of up to $5,000 may be assessed in addition to or in lieu of incarceration. This offense is still a misdemeanor in Oklahoma
A second or subsequent violation of a restraining order that leads to the injury or physical impairment of the plaintiff or anyone else named in the order is punished as a felony. The defendant could spend one to five years in prison, pay a fine between $3,000 and $10,000, or both.
The extent of the injuries suffered by the victim is what the court uses to determine the punishment.
If you or a person close to you is facing charges of violating a protective order, talk to a Muskogee attorney immediately. Even if a protective order is issued out of malice towards you, resist the temptation to contact the petitioner or anyone named in the protective order for any reason.
Let a Muskogee criminal defense attorney explain to you what the order entails. You also stand a better chance of having a bogus temporary protective order quashed if you have a seasoned attorney present your side of the story when you appear in court for the hearing.
If you already appeared in court unrepresented and a temporary order has been made permanent, talk to a lawyer to explain to you what such a development means. Do not violate the order by trying to speak to the petitioner.
If you have already violated a restraining order, your best cause of action is not to beg the other side to drop their case. Talk to a criminal defense lawyer right away and let an expert prepare your defense.
Free Consultation: Muskogee Felony Attorney
Only experienced criminal lawyers in Muskogee can work to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can make a significant effect on the result of a criminal case.
Call a Muskogee felony attorney today at 918-884-7774 to ask questions or schedule a free, confidential consultation.