22 OS § 60.4 outlines the two ways a VPO’s duration can be determined. First, a VPO can be in effect for either a fixed period or up to five years unless extended, modified, vacated or rescinded upon motion by either party, or if the court approves any consent agreement entered into by the petitioner and defendant. If the defendant is incarcerated, the protective order shall remain in full force and effect during the period of incarceration. The period of incarceration, in any jurisdiction, is not included in the calculation of the five-year time limitation.
Second, a protective order can also be in effect for a continuous period of time upon a specific finding by the court of one of the following:
- the person has a history of violating the orders of any court or government or entity;
- the person has previously been convicted of a violent felony offense;
- the person has a previous felony conviction for stalking; or
- a court order for a final VPO has previously been issued against the person in this state or another state.
The court may take into consideration whether the person has a history of domestic violence or a history of other violent acts. The protective order shall remain in effect until modified, vacated or rescinded upon motion by either party, or if the court approves any consent agreement entered into by the plaintiff or defendant. If the defendant is incarcerated, the protective order shall remain in full force and effect during the period of incarceration. The court will notify the parties at the time of issuance of the protective order of the duration of the protective order.
If a motion is filed by either party to modify, extend, or vacate a protective order, a hearing shall be scheduled and notice given to the parties. At the hearing, the issuing court shall take such action as is necessary under the circumstances.
If a child has been removed from the residence of a parent or custodial adult because of domestic abuse committed by the child, the parent or custodial adult may refuse the return of such child to the residence unless, upon further consideration by the court in a juvenile proceeding, it is determined that the child is no longer a threat and should be allowed to return to the residence.
For more information on Duration Of Victim Protection Order, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.
Current as of May 10, 2017.