Oklahoma Violation of Protective Order (Enhanced) Elements is a criminal offense in the state of Oklahoma. It is a felony charge and involves a person knowingly and willfully violating the terms of a protective order. The elements of this offense are as follows: 1. The defendant has been issued a protective order. 2. The defendant knowingly and willfully violated the terms of that order. 3. The violation was committed in the presence of the protected person or a family or household member of the protected person. 4. The defendant was aware that they were in the presence of the protected person or a family or household member of the protected person. There are three different types of Oklahoma Violation of Protective Order (Enhanced) Elements crimes: 1. Aggravated: This type of crime is committed when the defendant has a prior conviction of violating a protective order and the current violation was committed in the presence of the protected person or a family or household member of the protected person. 2. Enhanced: This type of crime is committed when the defendant has a prior conviction of violating a protective order and the current violation was committed within five years of the prior conviction. 3. Re-Offense: This type of crime is committed when the defendant has two prior convictions of violating a protective order and the current violation was committed within five years of the last conviction.
Oklahoma Violation of Protective Order (Enhanced) Elements
Description
How to fill out Oklahoma Violation Of Protective Order (Enhanced) Elements?
If you’re looking for a way to appropriately prepare the Oklahoma Violation of Protective Order (Enhanced) Elements without hiring a legal representative, then you’re just in the right spot. US Legal Forms has proven itself as the most extensive and reliable library of official templates for every individual and business situation. Every piece of documentation you find on our web service is created in accordance with nationwide and state laws, so you can be certain that your documents are in order.
Adhere to these simple guidelines on how to get the ready-to-use Oklahoma Violation of Protective Order (Enhanced) Elements:
- Ensure the document you see on the page meets your legal situation and state laws by examining its text description or looking through the Preview mode.
- Type in the form name in the Search tab on the top of the page and choose your state from the list to locate an alternative template in case of any inconsistencies.
- Repeat with the content verification and click Buy now when you are confident with the paperwork compliance with all the demands.
- ​Log in to your account and click Download. Create an account with the service and select the subscription plan if you still don’t have one.
- Use your credit card or the PayPal option to purchase your US Legal Forms subscription. The document will be available to download right after.
- Choose in what format you want to save your Oklahoma Violation of Protective Order (Enhanced) Elements and download it by clicking the appropriate button.
- Upload your template to an online editor to fill out and sign it rapidly or print it out to prepare your hard copy manually.
Another wonderful thing about US Legal Forms is that you never lose the paperwork you acquired - you can find any of your downloaded blanks in the My Forms tab of your profile any time you need it.
Form popularity
FAQ
At no time, under any proceeding, may a person protected by a protective order be held to be in violation of that protective order. Only a defendant against whom a protective order has been issued may be held to have violated the order.
If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.
As a first offense, violating a protective order is treated as a misdemeanor crime. It is punishable by up to a year in the county jail, or a fine of up to $1,000, or both. In domestic abuse situations, a protective order may be violated repeatedly. A subsequent violation of a protective order is a felony offense.
Direct the abuser to have no contact with you, including no phone calls, letters, or messages through other people. Order the abuser to stay away from the children, their baby sitter, day care, or school. If the abuser has a weapon, you can request that the protective order require the abuser to surrender the weapon.
If the court issues an extended order for protection, the adverse party can file an appeal to the district court. (There is no appeal allowed if the court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not hear new evidence on an appeal.
Under 22 O.S. § 60.6, violating a restraining order is a misdemeanor on the first offense and a felony for a second or subsequent offense. Misdemeanor violation is punishable by a fine of up to $1,000 and a maximum of one year in county jail.
A Victim Protective Order violation resulting in physical injury or physical impairment to the plaintiff or any person mentioned in a protective order is a misdemeanor. The range of punishment in jail is 20 days?1 year. The maximum fine is $5,000.