The attorneys at Butler & Flynn, PLLC in Oklahoma City challenge the validity of Oklahoma protective orders and represent clients accused of violating orders. Also called a restraining order, a protective order is a legal instrument that requires an alleged domestic abuser or violent offender to cease attempts at contacting or approaching an alleged victim. Unfortunately, in a well-intentioned rush to protect victims, many courts issue restraining orders without thoroughly evaluating the circumstances of the alleged misconduct. This frequently results in overbroad and excessively restrictive court orders that unfairly burden defendants. We fight these types of orders in court.
An Oklahoma court can grant a protective order to a person who is believed to have been a victim of:
If a protective order is served against you and you share a home with the victim, you will likely be forced to move out of your shared home. You will also be prohibited from contacting the victim in person, over the phone or internet, through the mail, through friends or family or by following the victim in a public place.
The victim can request a temporary restraining order by filing a petition with the district court or with a law enforcement officer. A judge can approve a temporary order without first hearing from or notifying the offender. The offender has the right to attend a subsequent court hearing to oppose a final protective order. We represent defendants at these hearings.
If a restraining order is issued against you, it is absolutely crucial that you follow the terms of the order even if you believe the imposition of the order was improper. Our lawyers can advocate best for you when you show that you respect the court’s authority.
Even a first-time violation of a protective order can result in a jail sentence of up to a year, along with a fine of up to $1,000 and a criminal record. Any subsequent violation is a felony punishable by more than a year in prison and significantly larger fines. A felony conviction strips a person of the right to own a gun in Oklahoma. Violating an order can also result in loss of child custody or visitation rights.
If you have questions about a protective order, speak to an attorney promptly. We understand the extreme frustration and hardship that you might experience when you are served with a protective order. Our legal team is prepared to work tirelessly to build your defense and protect your rights.
The lawyers of Butler & Flynn, PLLC in Oklahoma City defend Oklahoma residents burdened by protective orders stemming from domestic abuse allegations, violent crimes and sex offenses. We advise and represent clients throughout Oklahoma County and the surrounding areas. To schedule a free initial consultation with a member of our legal team, call 405-416-2711 or contact me online.