To be valid in Oklahoma protective orders require a family relationship between the person seeking the order and the person accused of of being dangerous. Anyone concerned for their safety because of stalking, harassment, and threats of violence can obtain protective orders from the court in Oklahoma. One of the questions people seeking protective orders may encounter is whether they must be in a family relationship with someone to get a protective order.
For instance, suppose someone is not married to the accused abuser. In that case, can the victim still get a protective order against that person? While there are some limitations as to whom you can get a protective order against, the accused does not have to be legally married to you or a member of your family for you to get a civil court to issue an order of protection.
What Is A Protective Order?
A protective order is a civil court order that prevents a violent, harassing person from contacting or visiting the victim. Orders of protection are often referred to as semi criminal in nature as well. This is because of the limitations they impose and some of the penalties. The purpose of protective orders is to protect individuals and families from an abuser. According to Oklaw.org, a protective order can place limits on a threatening person’s behavior. For instance, the order can prohibit the abuser from going near you and your children or contacting you via phone, email, or other methods of communication. If your abuser possesses a gun, the protective order can require the individual to surrender it. The purpose of a protective order is to keep victims of domestic violence, stalking, and harassment safe, not to punish defendants. Yet, anyone who violates an order can incur significant penalties.
When Can I Get A Protective Order?
In Oklahoma, you can get a protective order against a spouse or other family or household member who has abused, stalked, or threatened you with imminent physical harm. You can get a protective order against:
- Your spouse
- Your ex-spouse
- The present spouse of your ex-spouse
- People related to you by blood or marriage
- People you live with or used to live with
- Biological parents
- An intimate partner
- Someone who has committed a violent act against you or your child
You can also obtain a protective order against someone who has stalked or harassed you, even if they are not a member of your family or household. Stalking entails willfully, maliciously, and repeatedly pursuing you and making you feel frightened or intimidated. Like stalking, harassment can include following you. Constantly calling you and sending or leaving things at your home or workplace also constitutes harassment. Additionally, if you are the victim of a crime such as rape, a sex offense, assault and battery with a deadly weapon, forcible sodomy, or kidnapping, you could obtain a protective order against the individual responsible for the crime.
What Is Stalking
Suppose someone is repeatedly following you, calling you, leaving items for you, and making you feel unsafe. Suppose that you are not in any family relation with this person. Further suppose that you are not even in an extended family relationship. In that case, you could pursue a stalking case against them, even if they are not a member of your family or household. In this case its required that you make a Police report prior to filing your protective order. When you go to court take the Police report with you and offer it to the Judge.
Protective Orders and Child Custody
Oklahoma does not allow a child to remain on a Protective order that’s filed between parents. This is because the State doesn’t want parents to use Protective orders to decide custody. If the parents have a child on the order the Judge will require that they are taken off once you show to court for the show cause hearing. The parent requesting the order is required to file emergency custody and that involves a different type case. The protective order between the parents can remain in place just not with the children on the order.
Tulsa Okla. Protective Order Lawyers In Your Corner
To be valid Oklahoma protective orders require a family relationship between the two people. A protective order has serious consequences and is serious business in Oklahoma. The Tulsa protective order attorneys at Kania Law Office assist those people involved in orders of protection. This includes those who are wanting to get an order of protection and those defending themselves from a protective order. To learn more about how they work and they work call Kania Law Office and get a free and confidential consultation 918-743-2233 or reach us online.