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Oklahoma Violation of VPO Attorney

Oklahoma Violation of VPO Attorney

Oklahoma Violation of VPO Attorney

Oklahoma Violation of VPO Attorney

Under Title 22, Section 60.6 of the Oklahoma statutes, any person who has been served with an ex parte or final protective order and is in violation of that order shall be guilty of a misdemeanor. The punishment for Violation of a Victim Protective Order (VPO) is up to one (1) year in county jail and/or up to a One Thousand Dollar ($1,000.00) fine. A second or subsequent conviction for Violation of a VPO is a felony, punishable by one (1) to three (3) years in the Oklahoma Department of Corrections and/or a fine of not less than Two Thousand Dollars ($2,000.00) nor more than Ten Thousand Dollars ($10,000.00).

For a first charge of Violation of a VPO involving the defendant causing physical injury or physical impairment to the plaintiff in the VPO action or any other person protected by the VPO, then the range of punishment for this misdemeanor offense increases to not less than twenty (20) days to one (1) year in county jail and up to a Five Thousand Dollar ($5,000.00) fine. If a second or subsequent conviction for Violation of a VPO causes physical injury or physical impairment to a plaintiff or any other person named in the VPO, then the crime is a felony with a range of punishment of not less than one (1) year up to five (5) years and/or a fine of not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00). Oklahoma law prohibits the minimum sentence of imprisonment from being deferred or suspended for violations causing physical injury or physical impairment to the plaintiff or any other person protect by the VPO. For example, a defendant convicted of misdemeanor Violation of a VPO in which the defendant causes injury to the plaintiff in the VPO will be required to serve a minimum of twenty (20) days in county jail. This twenty (20) day jail sentence cannot be deferred or suspended in lieu of imprisonment.

In addition to potential jail/prison time and/or a fine, Oklahoma law requires the defendant to undergo fifty-two (52) weeks of counseling for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Oklahoma Attorney General. The court is required to set a review date not more than 120 days after defendant is ordered to participate in domestic abuse counseling, for the purpose of making sure the defendant is attending the ordered counseling.