Understanding How to File and Expunge Victim Protective Orders (VPOs) in Oklahoma

What is a Victim Protective Order (VPO) in Oklahoma?

If you are facing stalking, harassment, or abuse, the fear of reprisal from your abuser for standing up for yourself can seem overwhelming. Luckily, you are not alone and there is help available. The State of Oklahoma offers legal protection for victims of stalking, harassment, abuse, or other threatening or distressing behaviors.   

This legal protection comes in the form of a Victim Protective Order, also known as a protective order or a VPO. A Victim Protective Order is a court order that legally prevents an abuser from contacting or intentionally coming into close proximity with their victim or their victim’s children or pets, in some circumstances. Though a VPO is technically a civil matter, failure to comply with the terms of a VPO is a criminal matter. If the respondent violates a VPO, they can face serious consequences, as the first violation is a misdemeanor and the second violation is a felony. 

Who can get a Victim Protective Order (VPO) in Oklahoma? 

The following people are who qualify for a Victim Protective Order (VPO): 

• A victim of domestic abuse; 
• A victim of stalking; 
• A victim of harassment; 
• A victim of rape; 
• Any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, any minor age sixteen (16) or seventeen (17) years. 

Stalking and harassment occur in the following scenarios: 

• Stalking means that a person is willfully, maliciously and repeatedly following you which causes you to feel frightened, intimidated, threatened, or harassed.  
• Harassment means that someone is doing something to you or someone in your family that causes you distress. This can include following you, sending or leaving things at your home or workplace or calling you. 

Victim Protective Orders are available for the above victims of two different scenarios. First, people who have been physically abused or threatened with imminent physical harm by an immediate family or household member. If you file for a protective order against a family or household member, no police report is required. These include: 

• Spouses; 
• Ex-spouses; 
• A current or previous dating or sexual relationship; 
• Present spouses of ex-spouses; 
• Parents; 
• Children; 
• People related by blood or marriage; 
• People who live together or used to live together; and 
• People who are the biological parents of a child.  

Second, people who have been sexually abused, stalked or harassed by someone who either is or is not a family or household member. If you apply for a protective order for any of these reasons against someone who is not a family or household member, you must file a police report before you file for the protective order.    

If you would like to learn about whether a VPO is an appropriate step in your situation, call the family law attorneys at Ball Morse Lowe today. Our family law team has the experience and knowledge to help you overcome this difficult time. 

How do I file a VPO? 

The person seeking a VPO may file a petition for a protective order with the district court in the county in which the victim resides, the county in which the defendant resides, or the county in which the domestic violence occurred.  

If the person seeking relief is not a family or household member or an individual who is or has been in a dating relationship with the defendant, the person seeking relief must file a complaint against the defendant with the proper law enforcement agency before filing a petition for a protective order with the district court. The person seeking relief shall provide a copy of the complaint that was filed with the law enforcement agency at the full hearing if the complaint is not available from the law enforcement agency.  

Sometimes, a petition for a protective order is filed during the proceedings of a divorce or separate maintenance (legal separation) case. Either party can file the petition in the same county where the action of divorce or separate maintenance is filed. The VPO judge for that county will transfer the protective order hearing to the judge presiding over the divorce or separate maintenance action. 

Whether or not a protective order is granted, the plaintiff or victim will never be charged a filing fee, service of process fee, or any other fee or cost. The court may assess court costs, service of process fees, attorney fees, filing fees, and other fees against the defendant at the hearing on the petition if a protective order is granted against the defendant. 

Filing a VPO can be particularly challenging and emotional, especially when it is filed during or after a contentious divorce or custody case, for instance. It takes a lot of courage to stand up for your own safety in such a situation and an experienced family law attorney can give you crucial support and advice to help you through it. 

Can a VPO be expunged? 

People authorized to file a motion for expungement of a VPO issued pursuant to the Protection from Domestic Abuse Act in this state must be within one of the following categories: 

• An ex parte order was issued to the victim but later terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the victim to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing; 
• The victim filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing; 
• The victim or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or 
• The victim or defendant is deceased. 

The following are required to be included in the petition for expungement: 

• Whether the defendant in the protective order has been convicted of any violation of the protective order and whether any prosecution or complaint is pending in this state or any other state for a violation or alleged violation of the protective order that is sought to be expunged.  
• The authority pursuant to subsection A of this section for eligibility for requesting the expungement.

The other party to the protective order shall be mailed a copy of the petition by certified mail within ten days of filing the petition and they must file a written response and/or objection within thirty days of receiving the notice and petition. If the other party to the VPO does not object to the expungement, the expungement may be granted by the district court. 

Ball Morse Lowe – Victim Protective Order Attorneys in Oklahoma City 

If you are facing a pattern of stalking, harassment, or abuse, it can feel overwhelming, isolating, and terrifying. Fortunately, there is help available. If you would like more information about Victim Protective Orders in Oklahoma or help with filing a VPO, call Ball Morse Lowe today at 405.701.5355 or email us at clientintake@bml.law.