Jonah Patel
In Oklahoma, there are two types of protective orders available: emergency ex parte orders of protection, and final orders of protection. Emergency ex parte orders are granted without the abuser's knowledge or presence in the courthouse, and are typically issued at the scene of a violent situation to which police respond. They are given when a person is perceived to be in immediate need of protection, but the court is closed. A judge must believe that the order is necessary to protect the individual from immediate and present danger of domestic abuse, stalking, or harassment. This order protects the individual until the hearing for their final protective order, which usually takes place within 14 days.
| Characteristics | Values |
|---|---|
| Type of order | Emergency ex parte order of protection |
| Who can grant it | A judge |
| Who it protects against | Domestic abuse, stalking, harassment |
| When it can be granted | When the order is necessary to protect someone from immediate and present danger |
| Who it is granted to | The person in immediate danger |
| Who it is granted without | The abuser's knowledge or presence |
| How long it lasts | Until the hearing for the final protective order, usually within 14 days |
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What You'll Learn
Emergency ex parte orders
In Oklahoma, an emergency ex parte order of protection can be granted without the abuser's knowledge or presence in the courthouse. To get an ex parte order of protection, the judge must believe that the order is necessary to protect the victim from immediate and present danger of domestic abuse, stalking, or harassment. An emergency ex parte order of protection is valid until the hearing for the final protective order, which usually takes place within 14 days.
Temporary orders are typically issued at the scene of a violent situation to which police respond. These emergency temporary orders are given when a person is perceived to be in immediate need of protection, but the court is closed. A responding police officer should have the petition available for a person seeking protection to complete. A judge then typically gives verbal approval for the emergency temporary order. This order is only valid until the end of the first business day following the incident. In order to extend the temporary order into an emergency order, a person must petition for emergency orders in the county courthouse where either the plaintiff or the defendant resides or where the alleged incident(s) occurred.
To get an emergency ex parte order, a person must be in immediate danger and request an emergency ex parte order, which can be granted without notifying the other party and provides temporary protection until a full hearing.
Protective orders are legally enforceable court orders telling the person named in the document to stay a certain distance away from the person seeking protection. Protective orders are most often used by abused spouses and exes, but they may also protect children and stalking victims.
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Temporary orders
To extend the temporary order into an emergency order, a person must petition for emergency orders in the county courthouse where either the plaintiff or the defendant resides or where the alleged incident(s) occurred. An emergency ex parte order of protection can be granted without the abuser’s knowledge or presence in the courthouse. To get an ex parte order of protection, the judge must believe that the order is necessary to protect the petitioner from immediate and present danger of domestic abuse, stalking, or harassment. An emergency ex parte order of protection protects the petitioner until the hearing for their final protective order, which usually takes place within 14 days.
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Final orders of protection
In Oklahoma, there are two types of protective orders available: an emergency ex parte order of protection and a final order of protection. An emergency ex parte order of protection can be granted without the abuser's knowledge or presence in the courthouse. To get an emergency ex parte order of protection, a judge must believe that the order is necessary to protect an individual from immediate and present danger of domestic abuse, stalking, or harassment. This type of order protects an individual until the hearing for their final protective order, which usually takes place within 14 days.
A final order of protection is a legal order issued by a court to protect an individual from harassment, abuse, stalking, or threats by another person. This type of order restricts the accused individual's actions and can prohibit them from contacting or approaching the protected person. To get a final order of protection in Oklahoma, an individual must have a legitimate reason, file a petition, provide proof that the order is needed, and attend a court hearing.
Temporary orders are typically issued at the scene of a violent situation to which police respond. These emergency temporary orders are given when a person is perceived to be in immediate need of protection, but the court is closed. A responding police officer should have the petition available for a person seeking protection to complete. A judge then typically gives verbal approval for the emergency temporary order. This order is only valid until the end of the first business day following the incident. To extend the temporary order into an emergency order, a person must petition for emergency orders in the county courthouse where either the plaintiff or the defendant resides or where the alleged incident(s) occurred.
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Requirements for getting a restraining order
In Oklahoma, there are two types of protective orders: emergency ex parte orders of protection and final protective orders.
To get an emergency ex parte order of protection, a judge must believe that the order is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment. This type of order can be granted without the abuser's knowledge or presence in the courthouse. It provides temporary protection until a full hearing, which usually takes place within 14 days.
To get a final protective order, you must first get an emergency ex parte order and then attend a hearing.
The requirements for getting a restraining order in Oklahoma include a legitimate reason, filing a petition, proof that the order is needed, and a court hearing. Temporary orders are typically issued at the scene of a violent situation to which police respond. These emergency temporary orders are given when a person is perceived to be in immediate need of protection, but the court is closed. A responding police officer should have the petition available for a person seeking protection to complete. A judge then typically gives verbal approval for the emergency temporary order. This order is only valid until the end of the first business day following the incident. To extend the temporary order into an emergency order, a person must petition for emergency orders in the county courthouse where either the plaintiff or the defendant resides or where the alleged incident(s) occurred.
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Who protective orders are for
Protective orders are for people who are in immediate danger and need protection from another person. They are a type of restraining order, which is a legal order issued by a court to protect an individual from harassment, abuse, stalking, or threats by another person.
Protective orders are most often used by abused spouses and exes, but they can also be used to protect children and stalking victims. They are commonly referred to as a no-contact order or simply a restraining order. This legal tool restricts the accused individual's actions and can prohibit them from contacting or approaching the protected person.
In Oklahoma, there are two types of protective orders available: an emergency ex parte order of protection and a final protective order. An emergency ex parte order of protection can be granted without the abuser’s knowledge or presence in the courthouse. To get this type of order, a judge must believe that the order is necessary to protect the individual from immediate and present danger of domestic abuse, stalking, or harassment. This type of order protects the individual until the hearing for their final protective order, which usually takes place within 14 days.
Temporary orders are typically issued at the scene of a violent situation to which police respond. These emergency temporary orders are given when a person is perceived to be in immediate need of protection, but the court is closed. A responding police officer should have the petition available for a person seeking protection to complete. A judge then typically gives verbal approval for the emergency temporary order. This order is only valid until the end of the first business day following the incident. To extend the temporary order into an emergency order, a person must petition for emergency orders in the county courthouse where either the plaintiff or the defendant resides or where the alleged incident(s) occurred.
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Frequently asked questions
An emergency protective order is a legal order issued by a court to protect an individual from immediate danger.
An emergency protective order can protect against harassment, abuse, stalking, or threats by another person.
An emergency protective order can protect abused spouses and exes, children, and stalking victims.
To get an emergency protective order, you must have a legitimate reason, file a petition, provide proof that the order is needed, and attend a court hearing.
An emergency protective order is valid until a full hearing can take place, usually within 14 days.
