What Restrictions Does A Victim Protective Order Place On A Defendant In Oklahoma?

A VPO, per se, does not actually prevent somebody from making contact with another person. Criminal penalties for violating a VPO provide an incentive to not violate the VPO.

Victim Protective OrderThe VPO may order the defendant to do certain things or take certain measures that would make it more difficult for them to either stalk, injure, or harass the petitioner. For example, 22 O.S. § 60.17 allows the court to order the defendant to use an active real-time 24-hour GPS monitoring device. The court may authorize the victim to monitor the location of the defendant. If the court finds that the defendant has a history that demonstrates an intent to commit violence against the victim, then the court may order the defendant to pay costs and expenses relating to that GPS device and monitoring.

The court will order the defendant to comply with various requirements. The court order may state that the defendant is:

  • prohibited from attempting or having any contact whatsoever with the petitioner through telephone, mail, electronic means, or any other manner at any time or place unless specifically authorized by the court;
  • prohibited from injuring, abusing, sexually assaulting, molesting, harassing, stalking, threatening, or otherwise interfering with the protected persons and from attempted use or threatened use of visible force against the protected person that would reasonably be expected to cause bodily injury;
  • prohibited from engaging in other conduct that would place the protected persons in a reasonable fear of bodily injury to the protected persons or the protected persons’ household, members, or relatives;
  • ordered to leave and remain away from a particular residence at a certain time and date and to take no action to change utilities or telephone service;
  • ordered to immediately surrender all firearms and other dangerous weapons within their possession or control and any conceal carry license to law enforcement; and/or
  • ordered to obtain domestic abuse counseling or treatment.

If the order is served upon the defendant at the residence to be vacated, the court can order law enforcement officers to remain at the residence until the defendant removes necessary clothing and personal effects and leaves the premises. If the order is served upon the defendant at a location other than the residence to be vacated, the court can order law enforcement officers to accompany the defendant to the residence and remain in attendance until the defendant removes necessary clothing or personal effects and leaves the premises. The defendant, in that situation, will be ordered not to go to the residence to remove necessary clothing and personal effects unless law enforcement officers are present. The court can also order law enforcement officers to accompany the petitioner to the current or recent past residence to remove clothing and personal effects and remain in attendance until the petitioner leaves the premises.

If the defendant is a minor, they can be ordered to leave the residence and be immediately placed in the custody of somebody else. In that situation, a preliminary hearing in a juvenile proceeding will be ordered to determine whether further court action would be necessary. The court can modify a visitation order if there is an existing visitation order.

The court can give exclusive care and custody of certain animals to the petitioner. In that case, the defendant will be ordered to have no contact with the animals and will be forbidden from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.

Finally, the court can order other things that the court deems necessary.

Sources:

22 O.S. § 60.17
22 O.S. § 60.2
22 O.S. § 60.1

For more information on Restrictions Entailed In A VPO, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.