Restraining Orders

There are two types of victim protective orders: emergency temporary orders and final protective orders.

Emergency temporary orders:

Emergency temporary orders are granted “ex parte,” which means the offender does not need to be given notice of your request. You can ask for an emergency temporary order from law enforcement when the court is closed. The law enforcement officer (“peace officer”) investigating your case will:

• give you a petition for an order;
• tell the judge about your request;
• let you know if the judge approves it . If it was approved, the officer will give you a copy of the petition and a written statement signed by the officer to show that the judge approved your request for an order;
• notify the abuser about the order and the terms of the order; and
• try to serve the abuser with the order. If the peace officer is unable to serve the abuser, the order may be sent to the sheriff to try again.¹

The emergency order will last until the next court date, which should be within 14 days.² Like a domestic violence protective order, a final victim protective order hearing is scheduled within 14 days of filing your petition and can last up to five years.³

¹ 22 O.S. §§ 40.3(A); 60.3(C)(2)
² 22 O.S. § 60.3(C)
³ See 22 O.S. § 40.2(A), 22 O.S. § 60.4(G)(1)