Violating a protective order in Tulsa, Oklahoma for the first time is tried as a misdemeanor crime. A second or subsequent violation of a restraining order is tried as a felony in Tulsa. Penalties can be severe if convicted for violating a court order a subsequent time.
What Constitutes Violating A Protective Order In Tulsa?
Repeated violations of a protective order are common in cases of domestic abuse. Repeated offenses may arise from stalking or other such related issues.
A restraining order is violated when a plaintiff makes some contact with any of those named in the order. All type of contact is prohibited when a protective order has been issued. Contact includes the following:
- showing up in the sight of the petitioner or any others named in the protective order or following the plaintiff;
- approaching, talking to, or confronting the plaintiff;
- appearing anywhere where the victim is present, at their workplace or home, or on property owned or occupied by the petitioner or anyone else named in the protective order;
- texting, calling, or emailing the victim;
- placing any object on the property of the victim; and
- communication with the petitioner in any way via social media such as Snapchat, Instagram, Facebook, Pinterest, or any other.
All communication is also prohibited. Communication includes seemingly innocent actions such as liking a plaintiff’s post or following them on social media. The defendant should not attempt to communicate even via friends or other third parties.
Penalties For Violating A Protective Order — First Offense
A defendant convicted of a first violation of a protective order faces up to a year in jail, a fine of up to $1,000, or both. Okla. Stat. tit. 22 § 60.6
Punishment For Violating A Protective Order – Subsequent Offense
Violating a protective order — subsequent offense could lead to one to three years in prison, a fine between $2,000 and $10,000, or both.
If the victim is wounded or physically impaired, the fine is increased to $3,000 to $10,000. The court considers the extent of the injury caused to the plaintiff when determining the sentence to hand out.
None of the sentences for violating a protective order a second or subsequent time are eligible for probation, deferred sentences, or suspended sentences. A court may also order a defendant to undergo counseling sessions or wear a GPS device.
If you are facing a second or subsequent violation of a restraining order, you need to talk to a Tulsa criminal attorney. Our lawyer is knowledgeable and experienced and will advise you on the best course of action in your particular case.
Do not let the expertise of the prosecution and police determine your case. Get a legal expert on your side to significantly improve your chances of getting a favorable outcome in your case.
Free Consultation: Tulsa Felony Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced Tulsa felony defense lawyer to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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