Punishment for VPO Violation
It is a crime to violate a Victim Protective Order. The first violation is a misdemeanor. The maximum fine is $1,000. The maximum punishment in jail is one year.
An offense after a previous VPO violation conviction is a felony. The range of punishment in the Department of Corrections is one-three years. The range of fine is$2,000 –$10,000. In determining the term of imprisonment, the jury or sentencing judge must consider the degree of physical injury or physical impairment to the victim. The minimum sentence of imprisonment issued is not eligible for probation. Other penalties are.
Violation Of Victim Protective Order That Causes Physical Injury Or Physical Impairment
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.
The second or subsequent conviction for violation of a protective order that causes physical injury or physical impairment to a plaintiff or any other person named in the protective order is a felony. This range of punishment in the Department of Corrections is one-five years. The range of fine is $3,000–$10,000. In determining the term of imprisonment, the jury or sentencing judge must consider the degree of physical injury or physical impairment to the victim. The minimum sentence of imprisonment issued is not eligible for probation. Other penalties are.
The defendant must undergo or participate in a counseling service as necessary to bring about the cessation of domestic abuse, stalking, or harassment.
The court must specifically order as a condition of a suspended sentence or probation that the defendant participate in counseling or undergo treatment to bring about the cessation of domestic abuse. If the defendant is ordered to participate in a domestic abuse counseling or treatment program, the order must require the defendant to attend the program for a minimum of 52 weeks, complete the program, and be evaluated before and after attendance of the program by a program counselor or a private counselor.
A program for anger management, couples counseling, or family and marital counseling may not solely qualify for the counseling or treatment requirement for domestic abuse. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation. If, after sufficient evaluation and attendance at required counseling sessions, the domestic violence treatment program or licensed professional determines that the defendant does not evaluate as a perpetrator of domestic violence or does evaluate as a perpetrator of domestic violence and should complete other programs of treatment simultaneously or prior to domestic violence treatment, including but not limited to programs related to the mental health, apparent substance or alcohol abuse or inability, or refusal to manage anger, the defendant will be ordered to complete the counseling as per the recommendations of the domestic violence treatment program or licensed professional.
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.
Global Positioning System Monitoring
The court may order a defendant to use an active, real-time, twenty-four-hour GPS monitoring device as a condition of a sentence. The court may further order the defendant to pay costs and expenses related to the GPS device and monitoring.
There will be a review hearing set no more than 120 days after the defendant is ordered to participate in a domestic abuse counseling program or undergo treatment for domestic abuse. This is to assure the attendance and compliance of the defendant with the law and the domestic abuse counseling or treatment requirements. The defendant must appear in court for this hearing.
There will be a second review hearing after the completion of the counseling or treatment to assure the attendance and compliance of the defendant with the provisions of the law and the domestic abuse counseling or treatment requirements. The court may suspend sentencing of the defendant until the defendant has presented proof to the court of enrollment in a program of treatment for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Attorney General and attendance at weekly sessions of such program. Such proof must be presented to the court by the defendant no later than 120 days after the defendant is ordered to such counseling or treatment. At that time, the court may complete sentencing, beginning the period of the sentence from the date that proof of enrollment is presented to the court, and schedule reviews as required by the law. The court will retain continuing jurisdiction over the defendant during the course of ordered counseling through the final review hearing.
The court may set subsequent or other review hearings as the court determines necessary to assure the defendant attends and fully complies with the law and the domestic abuse counseling or treatment requirements
At any review hearing, if the defendant is not satisfactorily attending individual counseling or a domestic abuse counseling or treatment program or is not in compliance with any domestic abuse counseling or treatment requirements, the court may order the defendant to further or continue counseling, treatment, or other necessary services. The court may revoke all or any part of a suspended sentence, deferred sentence, or probation and subject the defendant to any or all remaining portions of the original sentence.
For any subsequent review hearings, the court may accept a report on the progress of the defendant from individual counseling, domestic abuse counseling, or the treatment program. There will be no requirement for the victim to attend review hearings.
Minor Child Violating VPO
When a minor child violates the provisions of any protective order, the violation will be heard in a juvenile proceeding and the court may order the child and the parent or parents of the child to participate in family counseling services necessary to bring about the cessation of domestic abuse against the victim and may order community service hours to be performed in lieu of any fine or imprisonment authorized by this section.
Source: 22 O.S. § 60.6
Current as of April 4, 2020. Laws are subject to change at any time! Go to the sources cited above for the most up-to-date law.
Arrested for violating Victim Protective Order in Oklahoma? Call Oklahoma VPO defense attorney Frank Urbanic in OKC for a free case consultation.