The circumstances that lead a person to request a protective order are complicated and the decision to drop an order is equally complex. Due to the emotional and deeply personal nature of these matters, those considering the revocation of a protective order must understand the legal implications. Read our blog to learn more.
OK Protective Orders
In Oklahoma, a protective order is a legal order that aims to protect individuals who have been subjected to domestic abuse, harassment, stalking, or threats of violence by a household member. There are three types of protective orders available in the state, each with its own eligibility requirements and duration: emergency, temporary ex parte, and final protective orders.
Emergency Protective Orders
An emergency protective order (EPO) is a temporary restraining order issued by a judge when an individual needs immediate protection from physical abuse, stalking, or harassment. An EPO can be obtained through a law enforcement officer or a petitioner seeking immediate and temporary protection from an abuser. Individuals who qualify for an EPO include those who are a victim of domestic abuse or have faced imminent danger from an abuser.
To obtain an EPO, the victim can file a petition with the court and must include a detailed account of the abuse or threats they have experienced. They must also provide proof of identity and any relevant police reports, medical records, or other evidence that supports their case. The court will then hold an immediate hearing to determine the validity of the petition, and if granted, the EPO can last for up to seven days.
Temporary Ex Parte Orders
Temporary ex parte protective orders are a type of protective order that a judge can issue without a full hearing or notice to the respondent. This order is intended to provide immediate protection to a victim of domestic violence, stalking, or harassment while waiting for a full hearing.
To obtain a temporary ex parte protective order, the petitioner must show that they are in immediate danger of harm and need an emergency order until a full hearing can be held. The order can include provisions that protect the victim from contact or communication with the abuser and may also include a requirement that the abuser stays away from the victim's home, place of work, or other specified locations.
Temporary ex parte protective orders in Oklahoma usually last for up to 14 days. After the order is served to the respondent, the court will schedule a full hearing to determine whether a final protective order should be granted. Violating a temporary ex parte protective order in Oklahoma can result in serious consequences, including arrest and criminal charges. It is important to seek legal advice and representation to understand the terms and restrictions of any protective order, including temporary ex parte orders.
Final Protective Orders
Final protective orders are approved after both sides have the opportunity to present evidence in court. The order prohibits the abuser from contacting, communicating, or coming near the victim, their family, or their property. Final protective orders in Oklahoma can last for up to five years and can be renewed if necessary.
Dropping a Protective Order
If the person who requested the initial order wants to revoke it, they must file a request with the court that issued the original order. The process for revocation varies by jurisdiction and should be thoroughly researched before proceeding.
It is important to keep in mind that dropping a protective order will not necessarily be approved by the court. The court considers various factors when determining whether to approve a revocation request. For example, whether the circumstances that inspired the order changed or remain the same. Additionally, if the relationship between parties has changed for the better or are attending family therapy, the court may be inclined to approve the request. However, if the circumstances remain volatile the court may deny the request.
If one party does not agree with the revocation request, the court may require a hearing where evidence is presented, and testimony is heard prior to making a ruling. It is essential to seek legal counsel before attempting to drop or modify an existing protective order as any missteps in the process can have serious repercussions.
If the court grants a revocation request, the original order is no longer in effect and both parties are legally allowed to contact each other again. However, it is important to remember that just because an order has been revoked, this does not necessarily indicate that all past issues between two people have been resolved or forgotten. It is essential to proceed with caution and take measures to ensure the safety of all involved.
Takeaway
The decision to revoke a protective order should not be taken lightly and requires careful consideration of the risks and potential consequences. Before taking any action, those considering revoking an order must seek qualified legal advice from a competent attorney. In short, revoking a protective order is not simple and requires thorough knowledge of the law and legal framework related to the matter.
It is strongly recommended that you seek advice from our experienced attorneys prior to initiating the protective order revocation process. Nichols Dixon PLLC has the experience you need to pursue the most optimal outcome. Contact our firm today.
