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Know the Laws: Oklahoma

UPDATED May 25, 2017

Domestic Violence Protective Orders

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A protection order is a civil order that provides protection from a family member, household member or someone with whom you have/had a dating relationship.

Basic information

back to topWhat are the grounds (reasons) for getting a protective order?

A protective order is a civil court order that is designed to stop violent and harassing behavior and to protect you and your family from the abuser.  You can file a petition for a protective order in Oklahoma for:

The person who is committing one of the above acts against you must be a family or household member (which includes the current spouse of your ex-spouse or someone you are/were dating).**  If someone has stalked you who is not a family or household member, you may qualify for a stalking protective order

* 22 O.S. § 60.2(A)
** 22 O.S. § 60.1(1),(4),(5)

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back to topWhat is the legal definition of domestic abuse in Oklahoma?

Domestic abuse, for the purposes of getting a protective order, is when a family or household member, or someone you have had a dating relationship with:

  • physically harms you or
  • threatens you with immediate physical harm.*
You can also get a protective order if a family or household member, or dating partner has harassed you.

* 22 O.S. § 60.1(1)

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back to topWhat is the legal definition of harassment in Oklahoma?

Harassment is when a family or household member or someone you have had a dating relationship with acts in a way that:

  • seriously annoys or alarms you for no good reason; and
  • reasonably causes you substantial (serious) emotional distress (harm).*
Things like obscene phone calls and fear of death or bodily injury could be considered harassment.**

* 22 O.S. § 60.1(3)
** 21 O.S. § 1172

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back to topWhat is the legal definition of rape in Oklahoma?

Rape is when someone (other than your spouse) has sexual intercourse with you without your consent:

  • by force; or
  • if you are mentally incapacitated (for example, if you were drugged, unconscious, etc).
It can be committed by someone who is of the opposite sex or the same sex.

Rape by a spouse is defined as when your spouse threatens or uses force or violence to have intercourse with you.*

If you have been raped by a spouse or intimate partner, continue reading the rest of the information in the following sections.  Also, see our Marital / Partner Rape page for more information on rape within relationships.

* 21 O.S. § 1111(A) & (B)

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back to topWhat is the legal definition of stalking in Oklahoma?

Stalking is when an adult or minor (who is 13 years old or older) does either of the following:

  1. repeatedly follows you or harasses you in a way that makes you feel scared, intimidated, threatened, harassed or molested; or 
  2. commits a "course of conduct" that is made up of a series of two or more separate acts or unconsented contact with you that occur over a period of time (but it can be a short period of time).  The contact must be have begun or been continued by the stalker without your consent or in disregard of your expressed desire to avoid or discontinue the contact. 
Unconsented contact or a course of conduct (acts) can include, but is not limited to, the following example:
  • following you or appearing within your sight,
  • approaching or confronting you in a public place or on private property,
  • appearing at your workplace or home,
  • entering onto or remaining on property that you own, lease, or occupy,
  • contacting you by telephone,
  • sending you mail or electronic communications (e.g., email), or
  • placing an object on, or delivering an object to, property that you own, lease or occupy.*
Note: The rest of the information in this section will discuss protective orders against someone who you are/were in with domestic violence relationship with (i.e., family/household member or intimate partner). To read more about protective orders against non-intimate partners and non-family members, go to our Stalking Protective Orders page.

* 22 O.S. § 60.1(2)

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back to topWhat types of protective orders are available? How long do they last?

There are three types of protective orders available in Oklahoma.

An emergency temporary protective order can be granted to a victim of domestic abuse when the court is closed, such as late in the evening or on the weekends.  A police officer or sheriff can give you the petition to fill out and help you do so, if necessary.  Then the officer should notify a judge about your request and let you know if the judge approves it.  You can receive an emergency temporary order without the knowledge of the abuser, and without the abuser being present in the court or in police custody.   If the judge gives you the order, the police will notify the abuser.*

An emergency temporary order only lasts until the end of the next day that the court is open. To extend the order, on the first day that the court is open for business, you must file for an emergency ex parte order and a final protection order.*1

An emergency ex parte protection order can be granted if you file a petition at a district court during court business hours. It can be issued without the abuser’s knowledge or presence in the courthouse.  To get an ex parte order, the judge must believe that the order is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.*2  An emergency ex parte order protects you until the hearing for your final protection order, which usually takes place within 14 days.  However, if the emergency protective order suspends the defendant’s child visitation rights (due to physical violence or the threat of abuse), the hearing for the final order may be scheduled within 3 days, instead of 14 days.*3

A final protection order order can be issued only after a court hearing in which you and the abuser both have the right to be present and the right to present evidence.  A final order can either:

  1. last up to 5 years (Note: Any time that the abuser was incarcerated during those five years do not count in calculating the five-year period); or
  2. be a continuous order (with no specific end date) if the judge finds that any of the following are true:
    • the abuser has a history of violating the orders of any court or governmental entity;
    • the abuser has previously been convicted of any violent felony offense or felony stalking (see (B) of the statute); or
    • a court order for a final victim protection order has previously been issued against the abuser in any state.*4  Note: As of 2017, the protective order form does not have a space to check-off that a continuous order is requested.  You may want to specifically write that you are requesting this is in the petition, verbalize it in court to the judge, and come prepared with proof of the abuser's conviction record or proof of the prior order. 

When determining the length of the order, the judge can take into consideration the fact that the abuser has a history of domestic violence or a history of other violent acts.*4

An order that lasts up to 5 years can be extended.  For more information, see How do I change or extend the protective order?

* 22 O.S. §§ 60.16(C); 60.2(A)(2)
*1 22 O.S. § 60.3(C)
*2 22 O.S. § 60.3(A)
*3 22 O.S. § 60.4 (B)(1),(2)
*4 22 O.S. § 60.4(G)(1)

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