The justice system is put in place to protect the innocent. Unfortunately, there are situations in which some are wrongfully accused and have to suffer the consequences. One common area in which we find this happens is restraining orders.
A restraining order issued by a civil court is meant to prevent violence or harassment towards a family by an abuser. It is also known as a protective order or a victim protection order.
Valid Reasons For a Restraining Order
The laws and statutes that determine the guidelines for a restraining order vary by state. In the state of Oklahoma, you can get a restraining order against a member of your family, your household, or an intimate partner for the following reasons:
- Domestic abuse. Under Oklahoma law, this occurs when the victim receives physical harm or being threatened by one of the above.
- Harassment.
- Rape. Marital rape is also taken under consideration in the state of Oklahoma.
A restraining order can also be granted against someone who isn’t included above if you are a victim of:
- Rape
- Forcible sodomy
- Kidnapping
- A sexual offense
- Assault and battery with a deadly weapon
Types of Restraining Orders
In the state of Oklahoma, the three types of restraining orders are:
- Temporary emergency order
- Emergency ex parte order
- Final Protection Order
Temporary emergency order
A police officer that shows up at a scene where there are clear signs of danger towards someone can issue a temporary emergency order. In most cases, they do this because the incident occurs when the courts are closed.
A temporary emergency order is only valid until the end of the following business day.
Emergency ex parte order
If the threat is real, this temporary emergency order can be extended, making it an emergency ex parte order. The victim will have to petition this order in the county courthouse that corresponds to one of the following:
- Where the plaintiff resides
- Where the defendant resides
- Where the incident occurred
This type of restraining order will expire when you receive the final protection order.
Final Protection Order
To receive a final protection order, you must attend the hearing scheduled when you filed for an ex parte order. This hearing, in which the accused is present and can submit evidence, takes place within 14 days.
Consequences For Filing a False Restraining Order
Being granted a restraining order can be done with minimal evidence, which is why sometimes a person might request one for personal gain.
Some situations include:
- Attempting to get an advantage over a spouse in a custody case.
- Out of spite towards a significant other after an argument or a breakup.
A false restraining order will have long-term consequences for the accused since it goes on their record and will show up on criminal background checks. A mark like this will paint the accused as a violent person and negatively affect future job opportunities.
The restraining order will also force the accused to leave his own home and prevent them from seeing their children. Having to do this will also lead to additional financial costs.
If you are the one who files a restraining order under false allegations, if it’s proven, you can face being prosecuted.
Falsely Accused?
Are you looking for an Oklahoma lawyer to prove your innocence? Schedule a free consultation with Reddy & Feldhake, P.C., and let us guide you through this tough situation.