There are real-world implications if a Protective Order isn’t served on the respondent. In Oklahoma, Victim Protective Orders (VPOs)—governed by the Protection from Domestic Abuse Act (22 O.S. §§ 60-60.5). Protective orders are powerful tools that are passed into law to protect victims of domestic abuse, stalking, and harassment.
Protective orders eliminate all contact of the respondent with the petitioner. They can also be used as a tool to remove the respondent from a jointly shared or owned residence. Additionally, the respondent’s right to carry or possess a firearm is suspended during the pendency of the action.
How a Victim Protective Order Begins In Oklahoma
- Petition Filed: The victim files a petition in district court where the stalking, harassing or threatening is taking place.
- Emergency Ex Parte Order: The emergency hearing is where the petitioner presents the court with testimony and other evidence to support the allegation they are making. The testimony and evidence involve immediate risks of danger that require the Judge to issue a temporary order of protection
- The Sheriff serves the respondent with notice of the protection order and a court date to show and have a trial on the merits of the protection order.
- Full Hearing Scheduled: This is a full hearing where the accused is allowed to bring their own witnesses or other evidence to defend against the protection order. Most people have an aa protective order attorney either defend them or if they are the petitioner in the case, their attorney will help prosecute the case. If the order is granted, it stays in place for up to five years.
| What Gets Served | Who Serves It | How & Timeline |
|---|---|---|
| – Petition – Notice of Hearing – Emergency Ex Parte/Temporary Order (if issued) | – Primarily sheriff – Other law enforcement – Private process server (if sheriff can’t) | – Personal service “in the same manner as a bench warrant” (hand-delivered) – Priority: 24/7, within 24 hours if location known |
| Final VPO (post-hearing) | Same as above | Service should be made immediately. |
How a Protective Order Gets Served
The first thing to understand that proper service is essential in a protective order case. 22 O.S. Sec. 60 governs proper service in Oklahoma. After the ex parte hearing and if the Judge grants it the service must be made immediately. The service must be performed by a peace officer or a member of the sheriff’s department in Wagoner County. The statute is clear on how service must be made and it prohibits the petitioner from serving the respondent or service by mail. Until the service is complete the protective order is not technically in place.
If The Respondent Doesn’t Get Served Before the Heraing?
This is not uncommon. In the case where service wasn’t completed by the court date, so long as the petitioner shows for the hearing, the court will continue the emergency hearing for a date certain, and the sheriff will continue efforts to serve the respondent. In the meantime, so long as the respondent doesn’t have notice of the protective order, the order is not in force nor does it subject the respondent to criminal penalties for violating the protective order.
Contact a Protective Order Attorney In Wagoner
If a Protective Order isn’t served properly on the respondent, it will not be enforced. This involved the most basic constitutional right to be given service and an opportunity to be heard in all court actions. If you are involved in a protective order, we can help. Call the Protective Order attorney at Kania Law – Wagoner at 918.283-7394. Or you can get a free online consultation by following this link.
