Oklahoma Violation of Protective Order Degree of Injury

State:
Oklahoma
Control #:
OK-JURY-OUJI-3-26-CR
Format:
Word
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Description

Violation of Protective Order Degree of Injury

Oklahoma Violation of Protective Order Degree of Injury is a criminal offense under Oklahoma law. It occurs when a person violates a court-ordered protective order by engaging in certain prohibited conduct. The degree of injury determines the seriousness of the offense. There are three different degrees of injury: 1. Misdemeanor of the First Degree: This is the most serious type of offense and is punishable by up to one year in jail and a fine of up to $1,000. A person can be charged with this if, in violation of a protective order, they threaten or inflict bodily harm, assault, or rape. 2. Misdemeanor of the Second Degree: This is a lesser offense and is punishable by up to six months in jail and a fine of up to $500. A person can be charged with this if, in violation of a protective order, they harass, stalk, intimidate, or interfere with the protected person. 3. Misdemeanor of the Third Degree: This is the least serious offense and is punishable by up to 30 days in jail and a fine of up to $250. A person can be charged with this if, in violation of a protective order, they fail to comply with the terms of the order.

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FAQ

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.

§21-22. Gross injuries - Grossly disturbing peace - Openly outraging public decency - Injurious acts not expressly forbidden.

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.

Any person who has been served with an ex parte or final protective order or foreign protective order who violates the protective order and causes physical injury or physical impairment to the plaintiff or to any other person named in said protective order shall, upon conviction, be guilty of a misdemeanor and shall be

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.

Typically, a protective order prohibits contact. However, it also prohibits threats, harassment, stalking, and all violence toward the victim. Under this law, ?contact? is interpreted broadly. It means no contact of any kind.

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.

Section 644 Subsection C. The Domestic Assault and Battery statute state that any person who commits an assault and battery against a current or former intimate partner or a family or household member as defined by Section 60.1 of Title 22 shall be guilty of domestic abuse. 21 O.S.

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Oklahoma Violation of Protective Order Degree of Injury