Court Advocacy

Navigating the legal system is not always easy. At YWCA Enid, we understand the complexities survivors of domestic violence face when seeking legal assistance. That's why we've partnered with Legal Aid and the Garfield County District Attorney’s office to provide comprehensive support for survivors. Through our collaborative efforts, we offer guidance and advocacy to ensure survivors can navigate the legal process with confidence and clarity. Whether it's filing Victim Protective Orders or accessing legal counsel, our team is here to help survivors every step of the way. With our support, survivors can feel empowered to seek the justice and protection they deserve.

YWCA Court Advocate↘

YWCA Enid Court Advocate provides support and guidance to victims of domestic violence by providing information and support on filing Protective Orders. This includes preparing the victim for the courtroom experience as well as joining the victim in court for Emergency and Final Protective Order hearings. Additionally, YWCA Enid's court advocate helps victims understand their rights in the Oklahoma Victims Bill of Rights, offers tips on safety planning, recommends referrals to victim services and resources, provides objective and knowledgeable information about the Protective Order process, is present for emotional support throughout the court proceedings, and empowers survivors to understand their options and make informed choices.

Victim Protective Order ↘

YWCA Enid's partnership with the Garfield County District Attorney's Office offers assistance of a Victim Witness Advocate dedicated to assisting with Victim Protective Orders, enhancing accessibility to crucial legal support for survivors of domestic violence seeking protection from their abusers.

A Victim Protective Order (VPO) is a civil court order designed to protect a victim and/or their child(ren) and pet(s) from abuse, stalking, or harassment from an abuser. A VPO does not decide custody or visitation of minor children, or determine who property is awarded to. 

You can file a VPO against:

  • someone who is a current spouse or former spouse, or is a current or former dating partner

  • someone engaged in a sexual relationship

  • someone who is the biological parent of the same child

  • someone currently live together, or previously lived together, in an intimate relationship

  • someone currently living in the same household, or previously lived together within the past year

  • anyone related by blood or marriage, regardless of whether living in the same household or not.

  • Additionally a VPO can be requested if you are a victim victim of rape, forcible sodomy, a sex offense, kidnapping, assault and battery with a deadly weapon, child abuse, or member of the immediate family of a victim of first-degree murder.

  • A police report may be requited for a final order for any non-related by any of the above.

To prepare to file a VPO, you will need to the following:

  • Defendant’s first & Last Name, address and/or employment address, Demographic Identifiers

  • The incident(s) which caused the filing of the petition. Include dates, description of what happened, when and where the event(s) occurred, and actions or behaviors intend to be presented to the Court at the hearing.

    Other information that could be helpful:

  • Defendant’s description and plate number of their car

  • Defendant’s current or past history of drugs or gun ownership.

  • Any current or past cases (divorce, protection orders, paternity, guardianship, criminal, juvenile, civil) involving the Petitioner and Defendant.

  • Petitioner’s, addresses, employment address, & phone numbers

Legal Aid↘

YWCA Enid’s partnership with Legal Aid Services of Oklahoma ensures the presence of an attorney onsite and is intended to increase the accessibility of legal support crucial for assisting survivors of domestic violence in civil legal matters relating to or arising out of the abuse. Examples include protective orders, divorce, child custody, and child support, paternity

To be connected with a legal aid attorney, individuals can contact the Oklahoma statewide application line at 1-888-534-5243 or 405-624-1734 or fill out an application online. Calls answered Mon – Thurs, 9 a.m. to 4 p.m. During the intake application, Legal Aid will ask questions about your income, the number of people in your household, and your legal issue. After receiving all of the information needed, Legal Aid can make a decision about taking your case and will assign you an attorney. This process may take time, however completing the intake process is required prior to receiving any legal advise or representation from a Legal Aid attorney.

Legal Aid also has a host of offside attorneys that can help with other civil related issues.

FAQs

  • A protective order in Oklahoma can offer various protections, including:

    • Prohibiting the abuser from contacting you by any means and requiring them to stop abuse, harassment, stalking, or threats. This includes preventing the abuser from using another person to relay messages, as doing so is also considered a violation of the protective order.

    • Preventing the abuser from using or threatening physical force and ensuring they don't make you fear physical harm.

    • Requiring the abuser to stay away from your home and allowing you or the abuser to retrieve personal items with police presence.

    • Mandating the abuser to move out of the shared home and prohibiting any changes to utilities or phone services.

    • Temporarily restricting the abuser's access to children and possibly requiring supervised visitation. If you share children with the abuser, you can ask the court to allow communication solely about the child's needs (e.g., visitation, medical emergencies), and consider using parenting apps to track and retain these communications for potential future litigation.

    • Protecting pets from harm and giving you sole possession of them.

    • Ordering the abuser to surrender firearms and other dangerous weapons. Generally, individuals subject to a protective order are also prohibited from purchasing firearms.

    • Allowing the judge to implement any additional measures necessary for your safety.

    In a final protective order, additional protections may include:

    • Transferring billing responsibilities for phone numbers and utility accounts to you.

    • Ordering the abuser to attend domestic abuse counseling and possibly pay for your counseling if you choose to attend.

    • Requiring the abuser to wear a GPS monitoring device.

    • Ordering the abuser to pay your attorney's fees and court costs.

    All orders will also include specific warnings to the abuser to avoid your residence, refrain from harassment, impersonation, or harm to pets, and to avoid any unauthorized contact.

  • Typically, there is no cost to obtain a restraining order in Oklahoma. However, if the protective order is granted, the judge may require the abuser to cover court costs. If the petitioner fails to appear in court, the order will likely be dismissed, and the petitioner may then be required to pay court costs. Additionally, if a judge finds the petition to be frivolous—such as in cases where someone falsely claims abuse or harassment to gain an advantage in a divorce or seek revenge—the petitioner will be ordered to pay court costs and likely the attorney's fees for the opposing party.

  • To become effective, the VPO must be personally served by the sheriff's office. You will need a current address for the person you're seeking protection from, this can be either a current work address or a current residence address.

  • Proof can consist solely of testimony; however, physical evidence is always the most helpful. As long as the Petitioner is willing to provide a detailed testimony, it could be sufficient. Ideally, a combination of testimony, witness statements, and physical evidence—such as texts, videos, audio recordings, or police reports—is preferred whenever possible.

  • Yes, an individual seeking a protective order will need to attend court and testify at the hearing. They can have an advocate accompany them and bring support. Law enforcement is always present in the courtroom or courthouse. Additionally, extra safety measures can be implement, such as staggering the times people enter and leave the courtroom, to ensure the parties don’t cross paths.

  • The judge will set a hearing date to decide whether to issue a "finalized protective order." At this hearing you will need to appear and tell or show why you need the protective order. The abuser will have an opportunity to contest the order.

  • You should contact the local police or the county sheriff's office immediately. If the abuser is gone by the time law enforcement arrives, you will need to make a report and request that the District Attorney’s office have a warrant issued for his arrest.

    Always remember to carry of copy of your protective order with you.