- Target:
- Oklahoma State Legislature
- Region:
- United States of America
Under Oklahoma State Law Title 22 Sections 60.6:
1) Any first time offender shall be charged with a misdemeanor. They can be charged with up to $1,000 dollar fine and up to 1 year in county jail., or both fine and imprisonment.
2) After previous convictions of violation of a protective order, is convicted of a second or subsequent offense pursuant to the provisions of the section, upon conviction, be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections for not less than 1 year and no more than 3 years, or by a fine of not less than $2,000.00 nor more than $10,000.00, or both such fine and imprisonment.
3) Any person who has been served a protective order and who violates the protective order and causes physical injury or physical impairment to the plaintiff or to any other person named is said protective order shall, upon conviction, be guilty of a misdemeanor and shall be punished by a term of imprisonment in the county jail for not less than 20 days nor more than 1 year. In addition to the term of imprisonment, the person may be punished by a fine not to exceed $5,000.00.
4) Any person who is convicted of a second or subsequent violation of a protective order which causes physical injury or physical impairment to a plaintiff or to any other person named in the protective order shall be guilty of a felony and shall be punished by a term of imprisonment in the custody of the Department of Corrections of not less than 1 year nor more than 5 years, or by a fine of not less than $3,000.00 nor more than $10,000.00 or by both such fine and imprisonment.
In a 2007 State of Oklahoma Vs. Richard K. Sexton case, Mr. Sexton was charged with six felony counts of violation of protective order. He was previously charged in 2000 and 2001 with 2 counts of violation of protective order. In the 2007 case, He was charged with only six violations. The evidence showed that Mr. Sexton violated the order by calling repeatedly. The call provided to the court was in the thousands. He used e-mail and myspace.com to communicate with the victims. He followed the victim around town and watched their every move.
He was only sentenced to one year in county jail. All 6 charges were a year sentence and was to run concurrent. Upon arriving in county jail, he has repeatedly violated the protective order. Charges have not been filed by the District Attorney at the this time on the additional charges. The protective order was initially filed in order to protect the victims against the Domestic Violence that occurred in the home in front of minor children. Court documents show that only one count was charged. When in fact there was four minor children in his presence during the incident This charge was only a misdemeanor. Which only carries a fine or up to 30 days in county jail.
In 2000, he was convicted of a felony child abuse charge.
As Victims, we obtain a protective order to keep “the abuser” from abusing us verbally and physically.
When a Protective Order is obtained it states, the defendant will not harass, stalk, abuse, or have any contact with the victim(s). NO MEANS NO!!
When a protective order is violated, victims depend on the police who protect and serve on a daily basis. When filing a police report on a violation of protective order, a series of questions are asked during the interview process. When and where did the violation occur? What did the person who violated the order say or do.? Yes, it’s important to give this information to a police officer. This information will help your case in court. What we must show city, state, and federal officials is: NO MEANS NO!!
City, State and Federal Officials need to realize that NO MEANS NO!!! No questions asked!! With Domestic Violence being on the rise, we must look at the penalties on violation of protective orders.
It is the responsibility of the District Attorney to determine how they charge a violator. We must send a message to the District Attorney’s office and the State Legislature that these laws are vague and need to be examined more thoroughly. Each phone call, e-mail, postal mail, or visit the violator makes and reported to the police department should be made an automatic violation of a protective order.
Each incident should be considered one count of a protective order violation. When sentencing a violator, they should not allow a concurrent sentence. We must raise the maximum sentence to ten to twenty years depending on the habitual nature of the violator.
We need to show these abusers of the system that NO MEANS NO!!
Our mission is to get the message out that NO MEANS NO!! It’s time to show the State Legislature that the system is broken. We need to stop this Domestic Crisis before anyone else gets hurt or killed.
You can further help this campaign by sponsoring it
The NO MEANS NO! petition to Oklahoma State Legislature was written by nomeansno2007 and is in the category Government at GoPetition.