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Oklahoma Notice of Hearing on Petition for Protective Order

State:
Oklahoma
Control #:
OK-SKU-0667
Format:
PDF
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Description

Notice of Hearing on Petition for Protective Order

Oklahoma Notice of Hearing on Petition for Protective Order is a document that is issued by the court to inform a respondent of their legal rights in a case where a petition for a protective order has been filed. This document informs the respondent of the date, time, and location of the hearing, as well as the legal rights they have in the case. It is used to notify a respondent of the allegations made against them and to provide them with an opportunity to appear in court to defend themselves against the allegations. There are two types of Oklahoma Notice of Hearing on Petition for Protective Order: emergency protective orders and protective orders. Emergency protective orders are issued when there is an immediate and present danger of violence, whereas protective orders are issued when there is a reasonable expectation of violence.

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FAQ

A protective order is not a punishment for the abuser. It is intended to prevent future violence or harassment. However, if the abuser violates the order, the abuser can be arrested and punished.

If service has not been made on the defendant at the time of the hearing, the court shall, at the request of the petitioner, issue a new emergency order reflecting a new hearing date and direct service to issue.

Temporary restraining orders last only until the courthouse closes the first day following the incident that prompted the emergency temporary order. Emergency orders of protection last until the hearing for the final order of protection. In most cases, that is within 14 days.

At the hearing, each side will have the opportunity to present its case. The petitioner goes first and makes the case to the judge as to why a final protective order should be in place against the defendant. Then, the defendant will have an opportunity to state why there should not be a final protective order in place.

At the hearing, each side will have the opportunity to present its case. The petitioner goes first and makes the case to the judge as to why a final protective order should be in place against the defendant. Then, the defendant will have an opportunity to state why there should not be a final protective order in place.

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.

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.

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Oklahoma Notice of Hearing on Petition for Protective Order