From the Sheriff’s Desk

One of the most frequent questions we get at the Sheriff’s Office is about Victim’s Protective Orders (VPOs). The laws change every now and then and it is sometimes hard to keep up with all the changes. Basically, a protective order is a directive from the court to a person telling them to stop a certain behavior. The behavior that the court wants stopped may be harassing phone calls or stalking or even physical abuse.

            In order to get a VPO you usually present yourself at the county courthouse. Go to the Court Clerk’s Office and fill out some paperwork stating what the problem is and why you feel you should be given a protective order. Once the paperwork is filled out the judge reviews it and determines whether or not there is adequate justification to issue a temporary protective order.

            The temporary order, once signed by the judge, is forwarded to the Sheriff’s Office to serve. In order to serve the temporary VPO the Sheriff’s Office must have a valid address in order to find the defendant. Both work and home addresses are helpful since the order is not in effect until we can find the defendant. One of the recent changes in Oklahoma law has been that the defendant must be served in person. Formerly, a VPO could be served in the same manner as a subpoena, by leaving it at the residence with someone over the age of 15. In addition to the temporary protective order, the defendant must be given a copy of the allegations made by the plaintiff.

             The temporary protective order is normally good for 10-14 days. At the end of that time a hearing will be held by the judge. It is imperative that whether you are plaintiff or defendant that you appear for the court hearing. The judge can only base his decision on the final protective order based on the information he receives. If you are not there to give your side of the story the judge will act on the only information he has.

            The final protective order is good for a period of three years. In the past a protective order was good indefinitely. If you have a permanent protective order issued against you it can have ramifications beyond the immediate situation. You may not be able to own or carry a weapon, or may be ineligible for certain jobs.

            If you believe you are in need of a protective order in an emergency situation on a night or weekend, emergency protective orders may be obtained telephonically. These are available only under very, very limited circumstances. You should also remember that protective orders don’t really protect anyone or anything. Once the protective order has been put in place the defendant has been instructed by the court to stop a certain action or behavior. Telling someone not to do something DOES NOT prevent them from committing that act again. The protective order DOES give law enforcement the ability to respond to the act by arresting the offender for violating the judge’s order.

            Should you have any questions about VPOs or any other matter feel free to contact the Sheriff’s Office at 405-222-1000