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Legal Statutes: Oklahoma

UPDATED February 3, 2010

Oklahoma Statutes

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Protection from Domestic Abuse Act

back to top§ 60.1. Definitions

As used in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this title and Section 150.12B of Title 74 of the Oklahoma Statutes:

1. "Domestic abuse" means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were in a dating relationship;

2. "Stalking" means the willful, malicious, and repeated following of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, with the intent of placing the person in reasonable fear of death or great bodily injury;

3. "Harassment" means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. "Harassment" shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;

4. "Family or household members" means:

a. spouses,

b. ex-spouses,

c. present spouses of ex-spouses,

d. parents, including grandparents, stepparents, adoptive parents and foster parents,

e. children, including grandchildren, stepchildren, adopted children and foster children,

f. persons otherwise related by blood or marriage,

g. persons living in the same household or who formerly lived in the same household, and

h. persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped;

5. "Dating relationship" means a courtship or engagement relationship. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;

6. "Foreign protective order" means any valid order of protection issued by a court of another state or a tribal court;

7. "Rape" means rape and rape by instrumentation in violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes;

8. "Victim support person" means a person affiliated with a certified domestic violence or sexual assault program, certified by the Attorney General or certified by a recognized Native American Tribe if operating mainly within tribal lands, who provides support and assistance for a person who files a petition under the Protection from Domestic Violence Act; and

9. "Mutual protective order" means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff’s petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other. If both parties allege domestic abuse, violence, stalking, harassment or rape against each other, the parties shall do so by separate petition pursuant to Section 60.4 of this title.

Historical Data: Added by Laws 1982, HB 1828, c. 255, § 2, eff. October 1, 1982; Amended by Laws 1986, HB 1353, c. 197, § 1, eff. November 1, 1986; Amended by Laws 1991, SB 397, c. 112, § 2, eff. September 1, 1991; Amended by Laws 1992, HB 2306, c. 42, § 1, eff. September 1, 1992; Amended by Laws 1994, HB 2640, c. 290, § 54, eff. July 1, 1994; Amended by Laws 1995, HB 1064, c. 297, § 1, eff. November 1, 1995; Amended by Laws 1996, HB 2692, c. 247, § 29, emerg. eff. July 1, 1996; Amended by Laws 2000, HB 2038, c. 85, § 1, eff. November 1, 2000; Amended by Laws 2000, SB 1516, c. 370, § 5, emerg. eff. July 1, 2000 (superseded document available); Amended by Laws 2001, HB 1124, c. 279, § 2, eff. November 1, 2001 (superseded document available); Amended by Laws 2003, HB 1667, c. 407, § 1, eff. November 1, 2003 (superseded document available); Amended by Laws 2005, SB 236, c. 348, § 14, emerg. eff. July 1, 2005 (superseded document available).