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Legal Information: Oklahoma

Oklahoma Restraining Orders

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Restraining Orders

A protective order is a legal order issued by a state court which requires one person to stop harming another. In Oklahoma, there are several types of orders explained below.

Domestic Violence Protective Orders

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

What 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).2  If someone has stalked you who is not a family or household member, you may qualify for a stalking protective order

1 22 O.S. § 60.2(A)
2 22 O.S. § 60.1(1),(4),(5)

What 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.1

You can also get a protective order if a family or household member, or dating partner has harassed you.

1 22 O.S. § 60.1(1)

What 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).1

Things like obscene phone calls and fear of death or bodily injury could be considered harassment.2

1 22 O.S. § 60.1(3)
2 21 O.S. § 1172

What 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.1

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.

1 21 O.S. § 1111(A) & (B)

What 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.1

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.

1 22 O.S. § 60.1(2)

What 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.1

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.2

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.3  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.4

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.5  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.5

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

1 22 O.S. §§ 60.16(C); 60.2(A)(2)
2 22 O.S. § 60.3(C)
3 22 O.S. § 60.3(A)
4 22 O.S. § 60.4 (B)(1),(2)
5 22 O.S. § 60.4(G)(1)

What protections can I get in a protective order?

The law says that a judge can issue “any” emergency ex parte order that the judge believes is necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.1 Specifically, in an emergency ex parte order, the judge can order that the abuser:

  1. have no contact with you - in person, by phone, mail, electronically, or by any other means;
  2. stop abusing, sexually assaulting, harassing, stalking, or threatening you – and stop “otherwise interfering” with you;
  3. not use, attempt to use, or threaten to use physical force against you that would reasonably be expected to cause bodily injury;
  4. stop doing anything that would make you afraid that the abuser is going to physically injure you, a relative, or a household member;
  5. stay away from your home and allow the abuser to remove any clothing and other personal items from the home with a police officer there;
  6. allow you to get your clothing and personal items from the home with a police officer present (if you will not be returning to live in the home that you shared with the abuser);
  7. move out of the home (if you live together) and take no action to change utilities or telephone service;
  8. stop seeing your children if s/he has visitation rights or make the visits supervised (although the order will generally not create an order of child custody, visitation, or child support if one does not already exist);
  9. stay away from, have no contact with, and be prohibited from taking, giving away, harassing, threatening, or attacking any animal owned or kept by you, the defendant, or a child living in the either of your homes (and the judge can give you sole possession of the animal);
  10. turn in all firearms and dangerous weapons; and
  11. do anything else the judge thinks is necessary for your protection.2

A final order of protection can do the following:

  • include everything listed above in numbers 1 through 11;
  • order that your cell phone provider or public utility provider transfer to you the billing responsibility for, and rights to, any wireless telephone numbers for you or your children and any household utility accounts;
  • order that the abuser attend domestic abuse counseling or treatment; (Note: Although you cannot be ordered to go to counseling or treatment, if you choose to do so, the judge can order the abuser to pay for some/all of the costs if the judge thinks it is appropriate);
  • order the abuser to use a 24-hour, real-time, GPS monitoring device; and
  • pay your attorney’s fees and court costs.3

1 22 O.S. § 60.3(A)
2 See Emergency Order of Protection on the Oklahoma Courts website
3 22 O.S. §§ 60.4, 60.17, 60.2(C)(1),(E); see also Final Order of Protection on the Oklahoma Courts website

Getting a protective order

Am I eligible to file for a protective order?

You can seek legal protection from acts of domestic abuse committed by a “family or household member” or by someone with whom you have a dating relationship.  Specifically, you can seek protection from any of the following people:

  • A spouse or ex-spouse;
  • A present spouse of an ex-spouse (e.g., your ex-husband’s new wife);
  • Parents, grandparents, stepparents, adoptive parents, and foster parents;
  • Children, grandchildren, stepchildren, adopted children, and foster children;
  • Anyone related to you by blood or marriage;
  • Anyone with whom you live/lived;
  • Someone with whom you have a biological child in common;1 or
  • Someone you are dating or used to date.2  

Note: Minors who are 16 or 17 years old can file for a protection order themselves.  A minor who is under 16 years old must have an adult family or household member file on his/her behalf.3  A minor filing against an adult must file in a regular local court.  Anyone filing against a minor (age 13 or older) must file in the local court that has jurisdiction (power) over juvenile matters.4

Note: If the abuser is not a “family or household member” as is defined above, you may be eligible for a stalking protection order. See Stalking Protective Orders for more information.

1 22 O.S. § 60.1(1),(4)
2 22 O.S. § 60.1(1),(5)
3 22 O.S. § 60.2(A)
4 22 O.S. § 60.2(A)(1)

Can I get a protective order against a same-sex partner?

In Oklahoma, you may apply for a protective order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible to file for a protective order?  You must also be the victim of an act of domestic abuse, harassment, stalking, or rape, which are explained here.

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

In which county can I file for a protective order?

You can file a petition in the district court in the county where you live, in the county where the abuser lives, or in the county where the abuse took place.1  However, if you file for an ex parte order in one county, but there is a pending case for divorce, separate maintenance, guardianship, adoption or any other proceeding involving custody or visitation in a different county, the protective order case will be transferred and the hearing for the final protective order will be held in the same county in which the other case is pending.2

If you are being stalked and seeking a protection order against someone who is not a family or household member or an intimate (dating) partner, you must first file a complaint with law enforcement officials before filing the petition for a protective order in district court. (For the definition of a family or household member see Am I eligible to file for a protective order? ) You will have to provide the judge with a copy of the complaint you filed with the police at the full hearing for the protection order. If you do not present a copy of the complaint in court, your claim could be dismissed and you may be forced to pay the abuser’s attorney’s fees and/or other court fees.1

1 22 O.S. § 60.2(A)(1)
2 22 O.S. § 60.3(D)

How much does it cost to get a protective order? Do I need a lawyer?

Generally, there are no fees for filing for a protection order. However, if the judge finds that the order was filed for frivolous (invalid) reasons, s/he may order you (the petitioner) to pay court costs and/or the defendant’s attorney fees.1

You do not need a lawyer to file for a protection order. If you are filing on your own and you need help, you can ask the court clerk, victim-witness coordinator, victim support person, or a court case manager for assistance with filling out the forms.2 However, you may wish to have a lawyer represent you. Having a lawyer is especially important if the abuser has a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on our OK Finding a Lawyer page.

1 22 O.S. § 60.2(C)(1) & (2)
2 See 22 O.S. § 60.2(D)

Steps for getting a final protective order

Step 1: Go to district court and request a petition.

Go to the appropriate district court to file your petition. You can find a court near you by going to our OK Courthouse Locations page.

Note: If you are filing a petition for a protective order against a minor (ages 13-17), you will have to go to the Office of Juvenile Affairs District Court. You can find your county by clicking on the OK Office of Juvenile Affairs page.

Find the civil court clerk and request a petition for a protective order, and also tell the clerk if you need immediate protection and want an ex parte order.

Be sure to check the appropriate box for the type of order you are requesting, whether you only want a final order of protection or if you are also seeking an emergency ex parte protective order because you are in immediate and present danger.1

If the courts are closed, call the police and they can help you get an emergency temporary protective order that will last until the next business day when you can file with the court.1

You can also find links to petitions online by going to the OK Download Court Forms page.

1 22 O.S. § 60.3(C)

Step 2: Bring photo ID for you and identifying information about the abuser.

When you go to the courthouse, remember to bring some form of identification. It is also helpful to bring identifying information about the abuser if you have it, such as:

  • a photo
  • addresses of residence and employment
  • phone numbers
  • a description and plate number of the abuser’s car
  • any history of drugs or gun ownership.

Step 3: Fill out the necessary forms.

Carefully fill out the forms. On the complaint, you will be the “petitioner” and the abuser will be the “defendant.”  Write about the most recent incident of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation.  Be specific.  Include details and dates, if possible.

Be sure to write your name and a safe mailing address and phone number. If you are staying at a shelter, give a post office box, not a street address.

If you need assistance filling out the form, you can ask the clerk for help. Some courts may have an advocate that can assist you.  In some jurisdictions in Oklahoma, the court clerk frequently does not assist with protective order petitions and may provide documents only, even though the law1 says the clerk should assist you if you ask him/her.  A domestic violence organization may also be able to provide you with help filling out the form.  In many areas, local DV organizations assist survivors with completing PO paperwork and are familiar with the usual practices of the courts in their areas.  To find a DV organization near you, go to our OK Advocates and Shelters page.

1 See 22 O.S. § 60.2(D)

Step 4: The ex parte hearing

After you finish filling out your petition, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition, which is known as an ex parte hearing, and will take place the same day. The judge can issue an ex parte order if s/he finds necessary to protect you from immediate and present danger of domestic abuse, stalking, or harassment.1 Either way, the judge will likely set a date for a hearing for the final protective order. You will be given papers that state the time and date of your hearing.

Note: The judge cannot require you to first file for a divorce, separation, paternity or criminal proceedings before s/he is willing to consider your petition for a protective order.2

1 22 O.S. § 60.3(A)
2 22 O.S. § 60.2(F)

Step 5: Service of process

In order for your protection order to be valid, the abuser must be served (given papers) that tell him/her about the hearing date and your emergency temporary ex parte order (if the judge gave you one). If you are not able to have him/her served before your hearing date (e.g., if the sheriff can’t find him/her), you can ask the judge to postpone the hearing and issue a new emergency temporary order until the next hearing date.1 The judge is not supposed to dismiss your order just because the abuser wasn’t served yet.2

After you file for your order, the court will send copies of any protective orders and notices of hearing to the police or sheriff for service on the abuser.3 Do not try and serve the abuser in person with the papers yourself.

1 22. O.S. § 60.4(B)(3)
2 22 O.S. § 60.4(B)(5)
3 22 O.S. § 60.4(A)(1)

Step 6: The final hearing

As the petitioner requesting a protection order, you must:

  1. Prove that the abuser has committed an act of domestic abuse, sexual assault, stalking or harassment against you (as defined by the law);1 and
  2. Convince a judge that you need protection and the specific things you asked for in the petition.2

You must go to the hearing if you want to keep your order.3  If you do not go to the hearing, your emergency ex parte order will expire and you will have to start the process over. If you do not show up at the hearing it may be harder for you to be granted an order in the future.

If the abuser does not show up for the hearing, the judge may still grant you a final protection order if you s/he was served with notice of the hearing date, or the judge may order a new hearing date.3

See the Preparing Your Case section under the Preparing for Court tab at the top of this page for ways you can show the judge that you were abused.

1 22 O.S. § 60.1
2 22 O.S. § 60.4
3 22 O.S. § 60.4(B)(4)&(5)

After the hearing

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Oklahoma have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website

What should I do when I leave the courthouse?

You should review the order before you leave the courthouse.  If something is wrong or missing, you might want to ask the clerk how to get it corrected.  Here are some additional things that you may want to do after leaving the courthouse:

  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in, and protected by, the order.
  • If the court has not given you an extra copy for your local law enforcement agency, you might want to take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks and your phone number.
  • Be aware of your safety while leaving the courthouse.  If you are concerned that the abuser may try to approach you, contact a court officer to see if you can be accompanied to your car.

You may also wish to make a safety plan. People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school. Many batterers obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Staying Safe.  Advocates at local domestic violence resource centers can assist you in designing a safety plan and can provide other forms of support.  For a list of domestic violence centers, see our OK Advocates and Shelters page.

I was not granted a protective order. What are my options?

If you are not granted a protection order, there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you come up with a safety plan and help connect you with the resources you need. You will find a list of resources on our OK Advocates and Shelters page. You will also find information on safety planning on our Staying Safe page.

If you were not granted a protection order because your relationship with the abuser does not qualify as a “family or household member,” you may be able to seek protection through a stalking protective order. You will find more information about stalking protection orders in the Stalking Protective Orders section of our website.

You may also be able to reapply for a protection order if a new incident of domestic violence occurs after you are denied the order.



If you believe the judge made an error of law, you can talk to someone at a domestic violence organization or a lawyer about the possibility of an appeal. Generally, appeals can be complicated and you will most likely need the help of a lawyer. For general information on appeals, go to our Filing Appeals page.

 

What can I do if the abuser violates the order?

You can call the police even if you think it is a minor violation. The protection order can be violated if the abuser does not follow every provision in the order. It can be a crime and s/he can be “held in contempt of court” if the abuser knowingly violates the order in any way. If you file a petition in the court that issued the order for contempt, the judge can punish someone for being in contempt of court (disobeying a court order). You can file for this even if the police don’t make an arrest or file criminal charges.

If you do call the police, it is a good idea to write down the name of the responding officers and their badge numbers in case you want to follow up on your case. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified.

If the abuser has been served with the ex parte order or the final protective order and violates the order, s/he can be found guilty of a misdemeanor and can be forced to pay a fine of up to $1,000 and/or go to jail for up to 1 year. If the abuser is convicted of violating the order for a second time, s/he can be found guilty of a felony and have to pay anywhere from $2,000 to $10,000 and/or be put in jail for 1-3 years.1 If when violating the order, the abuser causes physical injury to you or anyone else who is protected by the order, s/he can be guilty of a misdemeanor and sent to jail for anywhere from 20 days to 1 year and, additionally, be forced to pay a fine of up to $5,000. If this is the abuser’s second conviction for violating the order and causing physical injury s/he could be guilty of a felony and can be put in jail for 1-5 years and/or be forced to pay between $3,000 - $10,000. A judge or jury will decide how much time the abuser should spend in jail based on how bad the injuries s/he caused were.1

1 22 O.S. § 60.6 (A)(1)&(2), (B)(1)-(3)

What if the abuser falsely files for a protective order against me?

It is against the law for anyone to file for a protective order against a spouse or ex-spouse for the purpose of harassment, intimidation, or to gain an advantage or limit the other parent’s child visitation rights in divorce or separation proceedings.1 The possible penalty could be that s/he could be found guilty of a misdemeanor and may be sent to jail for up to a year and/or forced to pay a fine up to $5,000.1

1 22 O.S. § 60.4(H)(1)&(2)

How do I change or extend the protective order?

Only a judge can modify (change) or extend a protection order. If you want to change the terms of your order, you will have to go back to the court where the order was issued, and file a motion to modify the order with the clerk of court. The abuser will then be served with a copy of the papers you file and will have the opportunity to be present at the court hearing where the judge will decide whether or not to change it.1

If you would like to extend your protection order, remember to file a motion at the court before the original order expires.

1 22 O.S. § 60.4(G)(3)

What happens if I move?

Your protection order is good everywhere in the state of Oklahoma and in all other states.1  Federal law provides what is called “Full Faith and Credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.2  Different states may have different rules for enforcing out-of-state protection orders. You can find out about your new state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in the area you are moving to or by calling the National Center on Full Faith and Credit (1-800-903-0111 x2).

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 22 O.S. § 60.7
2 18 U.S.C. § 2265(a)&(b)

Stalking Protective Orders

A stalking protective order is a civil court order that is designed to protect you from a stalker with whom you do or do not have a relationship.

Basic info

What 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.1

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.1

1 22 O.S. § 60.1(2)

What is a stalking protective order? What steps must I take before filing for the order?

A stalking protection order is a civil court order that is designed to protect you from a stalker by ordering him/her to stop following you and threatening you.  Even though you use the same petition as a protective order for domestic abuse to file for a stalking order, you do not need to have a “family or household member” relationship with the stalker in order to file for a protection order against him/her (although if you do have that type of relationship, you could still apply for this order).1  

However, if you are applying against someone who is not a family/household member or a dating partner, you must first file a complaint against the stalker with law enforcement before filing for the order in district court.  You must provide a copy of that complaint at the full hearing.  If you do not provide a copy of the complaint that you filed with the law enforcement agency, your petition can be considered “frivolous” and the judge can order you to pay attorney fees and court costs.2

1 22 O.S. § 60.1(2)
2 22 O.S. § 60.2(A)(1)

What types of orders are there? How long do they last?

There are two types of stalking protective orders available.

An emergency ex parte protective order is a short-term protection order that is granted because a judge decides it is necessary to protect you from immediate and present danger of stalking. It is granted after a hearing the same day you file the petition. This can be done without the stalker’s knowledge or presence at the hearing. This protective order will remain in effect until after a full hearing is conducted for the final order of protection, which usually takes place within 14 days.1

A final protection order order can be issued only after a court hearing in which you and the stalker 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 stalker 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 stalker has a history of violating the orders of any court or governmental entity;
    • the stalker 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 stalker in any state.2

When determining the length of the order, the judge can take into consideration the fact that the stalker has a history of domestic violence or a history of other violent acts.2

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

You may want to have a lawyer present at your hearing, especially if you believe the stalker will have one.  For free and paid legal referrals, go to our OK Finding a Lawyer page.

1 22 O.S. §§ 60.3(A), 60.4(B)(1)
2 22 O.S. § 60.4(G)(1)

What protections can I get in a stalking protective order?

The following is a list of things that a judge can include in a protection order – however, some of these may not apply to you if you do not live with the stalker or have children in common with the stalker.

A stalking protection order may order the stalker to:

  • Have no contact with you either in person, by phone, mail or electronically;
  • Stop abusing, sexually assaulting, harassing, stalking or threatening you;
  • Stay away from your house;
  • Move out of the house if you live together and take no action to change utilities or telephone service;
  • Stop seeing your children if he has visitation rights (in other words, the judge can suspend or modify (change) a current child visitation order to protect the children from threats of abuse or physical violence or a threat to violate a custody order);
  • Use a 24-hour, real-time, GPS monitoring device;1
  • Attend domestic abuse counseling or treatment (Note: Although you cannot be ordered to go to counseling or treatment, if you choose to do so, the judge can order the stalker to pay for some/all of the costs if the judge thinks it is appropriate);2
  • Turn in all firearms and dangerous weapons;
  • Pay your attorney’s fees;3
  • Stay away from, have no contact with, and be prohibited from taking, giving away, harassing, threatening, or attacking any animal owned or kept by you, the defendant, or a child living in the either of your homes (and the judge can give you sole possession of the animal);4
  • Stop doing anything that would make you make you afraid that the abuser is going to physically injure you, a relative or a household member;
  • Stay away from your house if the abuser was living there and only allow the abuser to remove his clothing and other personal items from the house with a police officer there;
  • May order that an officer come with you to get your clothing and personal items from the home if you will not be returning to the home that you shared with the abuser; and/or
  • May order anything else the court thinks is necessary for your protection.5

Whether a judge orders any or all of the above depends on the facts of your case.

1 See Petition for Protective Order
2 22 O.S. § 60.4(E)(1)
3 22 O.S. § 60.2(C)(1)
4 22.O.S. § 60.2(E)
5 22 O.S. § 60.4(C)(1)

Getting a stalking protective order

In which county can I file for a stalking protective order?

You can file a petition either in the district court in the county where you live, where the stalking took place, or where the stalker lives.  Remember, before filing for a stalking protective order against someone who is not a family or household member, you must file a complaint against the stalker with law enforcement.1

1 22 O.S. § 60.2(A)(1)

How much does it cost to get a stalking order? Do I need a lawyer?

Generally, there are no fees for filing for a protection order. However, if the judge finds that the order was filed for frivolous (invalid) reasons, s/he may order you (the petitioner) to pay court costs and/ or the defendant’s attorney fees.1

You do not need a lawyer to file for a protection order. If you are filing on your own and you need help, you can ask the court clerk, victim-witness coordinator, victim support person, or a court case manager for assistance in filling out the forms.2  However, you may wish to have a lawyer represent you.  Having a lawyer is especially important if the stalker has a lawyer to make sure that your legal rights are protected.

If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance on our OK Finding a Lawyer page.

1 22 O.S. § 60.2(C)(1) & (2)
2 See 22 O.S. § 60.2(D)

What are the steps for filing for a stalking protective order?

The steps for filing for a stalking protection order are generally the same as the steps for filing for a protection order for domestic abuse.  See What are the steps for getting a final protective order? for a more detailed description of those steps.  However, there is one major difference: If the stalker is not a “family or household member” and not someone who you have dated, then before filing a petition for a protective order at the district court, you will first have to file a complaint against the stalker with your local law enforcement agency.

You will be asked to provide a copy of the complaint when filing your petition for the protective order.  If you don’t have the complaint copy when you file the petition, you must bring it to court at the final hearing date – if you don’t have it then, your case will be considered a “frivolous case” and the judge can drop your protective order, and order you to pay the stalker’s attorneys fees and court costs.1

If the stalker is a “family or household member” or someone who you have dated, you do not have to file a complaint with the police before seeking a protection order based on stalking or any form of abuse.

To get help through this process, you can contact a local domestic violence organization or legal services organization in your area. Go to our OK Where to Get Help page to find one near you.

1 22 O.S. § 60.2(A)(1)

After the hearing

What should I do when I leave the courthouse?

You should review the order before you leave the courthouse.  If something is wrong or missing, you might want to ask the clerk how to get it corrected.  Here are some additional things that you may want to do after leaving the courthouse:

  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in, and protected by, the order.
  • If the court has not given you an extra copy for your local law enforcement agency, you might want to take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks and your phone number.
  • Be aware of your safety while leaving the courthouse.  If you are concerned that the abuser may try to approach you, contact a court officer to see if you can be accompanied to your car.

You may also wish to make a safety plan. Many people obey protection orders, but some do not and it is important to build on the things you have already been doing to keep yourself safe. Click on the following link for suggestions on Safety Tips for Stalking Victims

What can I do if the stalker violates the order?

You can call the police or sheriff, even if you think it is a minor violation. The protection order can be violated if the stalker does not follow every provision in the order. It can be a crime and s/he can be “held in contempt of court” if the stalker knowingly violates the order in any way. If you file a petition in the court that issued the order for contempt, the judge can punish someone for being in contempt of court (disobeying a court order). You can file for this even if the police don’t make an arrest or file criminal charges.

If you do call the police, it is a good idea to write down the name of the responding officers and their badge numbers in case you want to follow up on your case. It is also important to have a copy of the protective order with you at all times. Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it could help you have the order extended or modified.

If the stalker has been served with the ex parte order or the final protective order and violates the order, he can be found guilty of a misdemeanor and can be forced to pay a fine of up to $1,000 and/or go to jail for up to 1 year. If the stalker is convicted of violating the order for a second time, he can be found guilty of a felony and have to pay anywhere from $2,000 to $10,000 and/or be put in jail for 1-3 years.1

If the stalker has been served with the order and violates the order and causes physical injury to you or anyone else who is protected by the order, s/he can be guilty of a misdemeanor and sent to jail for anywhere from 20 days to 1 year and, additionally, be forced to pay a fine of up to $5,000. If this is the stalker’s second conviction for violating the order and causing physical injury s/he could be guilty of a felony and can be put in jail for 1-5 years and/or be forced to pay between $3,000-$10,000. A judge or jury will decide how much time the stalker should spend in jail based on how bad the injuries s/he caused were.1

1 22 O.S. § 60.6 (A)(1)&(2), (B)(1)-(3)

How do I change or extend the protective order?

Only a judge can modify (change) or extend a protection order. If you want to change the terms of your order, you will have to go back to the court where the order was issued, and file a motion to modify the order with the clerk of court. The stalker will then be served with a copy of the papers you file and will have the opportunity to be present at the court hearing where the judge will decide whether or not to change it.1

If you would like to extend your protection order, remember to file a motion at the court before the original order expires.

1 22 O.S. § 60.4(G)(3)

What happens if I move?

Your stalking protection order is good everywhere in the state of Oklahoma and in all other states.1 Federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. Territories and tribal lands.2

Different states may have different rules for enforcing out-of-state protection orders. You can find out about your new state’s policies by contacting a domestic violence program (if the stalker is an intimate partner) or the Stalking Resource Center. You may also try calling the clerk of courts, or the prosecutor in the area you are moving to or by calling the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2).

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page

1 22 O.S. § 60.7
2 18 U.S.C. § 2265(a)&(b)

Where can I find additional information on stalking?

Victim Protective Orders (for violence by a non-intimate partner)

A victim protective order is a civil order that provides protection from an offender that commits certain acts of violence against you and with whom you do not have a relationship.

Basic info and definitions

What acts of violence can qualify me for a victim protective order?

You may be eligible for a victim protective order if someone committed any of the following crimes against you:

  • assault and battery with a deadly weapon;
  • forcible sodomy;
  • kidnapping;
  • rape; or
  • sexual offenses.1

We define these crimes in the following questions in this section.

You may also be eligible for a victim protective order if you are an immediate family member of a victim of first-degree murder against an offender who is:

  • the person who was charged and convicted of committing the murder; or
  • the person who was charged and convicted of being an accessory to the murder.2

1 22 O.S. § 40.2(A)
1 22 O.S. § 40.2(B)

What is the legal definition of assault and battery with a deadly weapon?

Assault and battery with a deadly weapon means an assault or battery with a weapon that is likely to cause you death or great bodily harm.1 Objects that you wouldn’t necessarily think of as weapons can be considered weapons for purposes of assault and battery.

1 22 O.S. § 40(1)

What is the legal definition of forcible sodomy?

Sodomy generally includes anal or oral sex between people.

The crime of forcible sodomy is when:

  • you are under 16 years old and the offender is over 18 years old;
  • you are unable to consent because of mental illness or any unsoundness of mind (the age of the offender doesn’t matter);
  • the offender uses force, violence, or threats of force or violence (your age and the offender’s age doesn’t matter);
  • you are a person who is under the legal custody, supervision or authority of a state agency, a county, a municipality or a political subdivision of this state, an agency’s subcontract or subcontractor’s employee and the offender is a state, county, municipal or political subdivision employee, contractor, or an employee of a contractor;
  • you are at least 16 years old but less than 20 years old and a student in any public or private secondary school, junior high or high school, or public vocational school and the offender is 18 years old or older and is employed by the same school system;
  • you are unconscious and the offender should know that you are unconscious; or
  • you are intoxicated due to the offender’s actions (and the reason that the offender got you intoxicated is so that you would not resist being sodomized).1

1 21 O.S. § 888(B), 22 O.S. § 40(2)

What is the legal definition of kidnapping?

Kidnapping is when a person (without the legal right) seizes, confines, convinces (“inveigles”), decoys, kidnaps, abducts, or carries you away against your will with the intent to cause you to be:

  • confined or imprisoned in the state;
  • sent out of the state; or
  • sold as a slave or for service in any way.1

1 21 O.S. § 741, 22 O.S. § 40(3)

What is the legal definition of rape and sexual offenses?

Rape is when sexual intercourse is accomplished under any of the following circumstances:

  • when you are less than 16 years old;
  • when you have mental illness or any other mental condition that makes you incapable of giving consent;
  • when force or violence is used or threatened when you believe that the offender is able to carry out that threat;
  • when you are intoxicated due to the offender’s actions (and the reason that the offender got you intoxicated is so that you would not resist being raped);
  • when you are unconscious and the offender knows you are unconscious;
  • when you agree to intercourse under the belief that the offender is your spouse due to deceit;
  • when you are under custody of a state agency, a federal agency, a county, a municipality or a political subdivision and the offender is an employee or contractor with one of these agencies;
  • when you are at least 16 years old and younger than 20 years old and are also a student or under legal custody or supervision of a public or private elementary or secondary school, junior high or high school, or public vocational school and the offender is 18 years old or older and an employee of the same school system; or
  • when you are 19 years old or younger and under custody of a state agency, federal agency, or tribal court and the offender is a foster parent or foster parent applicant.1

The legal definition of a sex offense includes several different crimes of a sexual nature, including sexual assault, trafficking, sexual exploitation, and child sexual abuse.2  You can read a full list of crimes that are considered sex offenses here.

1 21 O.S. § 1111(A)
2 22 O.S. § 40(6)

What types of victim protective orders are available?

There are two types of victim protective orders: emergency temporary orders and final protective orders.

Emergency temporary orders:

Emergency temporary orders are granted ex parte, which means the offender does not need notice of your request.  You can request an emergency temporary order of protection when the court is not open for business.  The peace officer (law enforcement) investigating your case will:

  • provide you with a petition for an order;
  • notify the judge of your request;
  • communicate with you whether the judge approved or denied your request.  If it was approved, the officer will provide you with a copy of the petition and a written statement signed by the officer to show that the judge approved your request for an order; and
  • notify the abuser about the order and the terms of the order.1

The emergency order will last until the end of the next day when the court is open.

Although the statute is not clear, similar to the domestic violence protective order process, you should be able to get a temporary ex parte order on the day you file a petition in court (in situations where the court is open) that lasts until your court date for a final order.  You can read more about temporary orders on our Domestic Violence Protective Orders page.

Like a domestic violence protective order, a final victim protective order hearing is scheduled within 14 days of filing your petition and can last up to five years.2 

1 22 O.S. § 40.3(A)
2 See 22 O.S. § 40.2(A), 22 O.S. § 60.4(G)(1)

What protections can I get in a victim protective order?

Victim protective orders are significantly similar to domestic violence protective orders.1 You can read more about the relief available in a domestic violence protective order here.

1 22 O.S. § 40.2(A)

Getting the order

Who is eligible for a victim protective order?

To get a victim protective order you must be a victim of one of the crimes listed here, but you do not have to have a specific relationship with the offender.  If the offender is a family or household member, then you cannot file for a victim protective order but could be eligible for a domestic violence protective order.1

If you are the immediate family member of a victim of first-degree murder, you are eligible for a victim protection order against the offender who was charged and convicted of the crime of first-degree murder or the person who was charged and convicted for being an accessory to the crime.2

1 22 O.S. § 40.2(A)
2 22 O.S. § 40.2(B)

What are the steps involved for getting a victim protective order?

The steps to get a victim protective order are similar to the steps to get a domestic violence protective order.  However, the protective order forms available at the courthouse and on the court’s website may not include all of the offenses included in this law.  It may be helpful to print out a copy of the law and ask a lawyer or advocate to come to court with you to file.  You may have to be prepared to explain to the court clerk and the judge that you are filing for a victim protective order under this section of the law.  You can also find legal resources on our Finding a Lawyer page and advocates on our Advocates and Shelters page.  You can also find the contact information for the clerk of the court on the OK Courthouse Locations page.

Moving to Another State with a Protective Order

If you are moving out of state or are going to be out of the state for any reason, your protective order can still be enforceable.

General rules

Can I get my protective order from Oklahoma enforced in another state?

Yes. If you have a valid Oklahoma protective order that meets federal standards, it can be enforced in another state. The Violence Against Women Act, which is a federal law, states that all valid protective orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.1  See How do I know if my protection order is good under federal law? to find out if your protective order qualifies.

Each state must enforce out-of-state protective orders in the same way it enforces its own orders. Meaning, if the abuser violates your out-of-state protective order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”1 

1 18 U.S.C. § 2265(a)

How do I know if my protective order is good under federal law?

A protective order is good anywhere in the United States as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b)

Getting your protective order enforced in another state

How do I get my protective order enforced in another state?

Federal law does not require you to take any special steps to get your protective order enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid protection order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

1 18 U.S.C. § 2265(d)(2)

Do I need anything special to get my protection order enforced in another state?

In some states, you will need a certified copy of your protection order. A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp on it. In Oklahoma, a certified order has a stamped seal on it as well as the signature of the court clerk.

The copy you originally received may not be a certified copy unless you specifically asked for one at the time your order was issued. If your copy is not a certified copy, call or go to the court that gave you the order and ask the clerk’s office for a certified copy. There is no fee involved in obtaining a certified copy.

Note: It is a good idea to keep a copy of the order with you at all times. You will also want to bring several copies of the order with you when you move. Leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on. Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser. Give a copy of the order to anyone who is named in and protected by the order.

Can I get someone to help me? Do I need a lawyer?

You do not need a lawyer to get your protection order enforced in another state.  However, you may want to get help from a local domestic violence advocate or attorney in the state to which you have moved. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your protection order and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state to which you are moving, please click on the Places that Help tab on the top of this page and then choose the state where you are going.

I have an emergency ex-parte protective order. Can it be enforced in another state?

Yes. An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my protection order is good under federal law?1

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires. If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court). However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

1 18 U.S.C. § 2265(b)(2)

Enforcing custody provisions

I was granted temporary custody with my protective order. Can I take my kids out of the state?

Maybe.  It may depend on the exact wording of the custody provision in your protective order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.  To read more about custody laws in Oklahoma, go to our Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local legal assistance in Oklahoma on our OK Finding a Lawyer page.

I was granted temporary custody with my protective order. Will another state enforce this custody order?

Yes.  Custody, visitation, and child support provisions that are included in a protective order can be enforced across state lines.  Law enforcement and courts in another state are required by federal law to enforce these provisions as long as the protective order is good under federal law.1   See How do I know if my protection order is good under federal law? for more information.

1 18 U.S.C. §§ 2266(5)(b); 2265

Enforcing Your Out-of-State Order in Oklahoma

If you are planning to move to Oklahoma or are going to be in Oklahoma for any reason, your protection or restraining order may be enforced.

General rules for out-of-state orders in Oklahoma

Can I get my protective order enforced in Oklahoma? What are the requirements?

Yes. Your protection order can be enforced in Oklahoma as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • It identifies you and the abuser.
  • It is currently in effect (meaning it has not expired).
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if s/he actually showed up in court; just that he had the opportunity to do so.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a “reasonable time” after the order is issued.2

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a) & (b); 22 O.S. § 60.23(D)(1) & (2)

Can I have my out-of-state protection order changed, extended, or canceled in Oklahoma?

No.  Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Oklahoma.  To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page and select the state where your order was issued from the drop-down menu.

If your order does expire while you are living in Oklahoma, you may be able to get a new one issued in Oklahoma but this may be difficult to do if no new incidents of abuse have occurred in Oklahoma.  Also, it is important to know that if you do file for a new order in Oklahoma, the abuser will be notified and will have an opportunity to come to the hearing in Oklahoma to defend himself/herself against the order.1  If you do not want the abuser to find out that you are in Oklahoma, you may not want to file for a new order in Oklahoma.

To find out more information on how to get a protective order in Oklahoma, visit our Domestic Violence Protective Orders page.

1 22 O.S. § 60.4(1)

I was granted temporary custody with my protective order. Will I still have temporary custody of my children in Oklahoma?

Yes.  As long as the child custody provision complies with certain federal laws,1 Oklahoma can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets this legal standard, contact a lawyer in your area.  To find a lawyer in your area, click on our Finding a Lawyer page and select the state you are in from the drop-down menu.

1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

Registering your out-of-state protection order in Oklahoma

If I don’t have a hard copy of my out-of-state order, how can law enforcement enforce it?

To enforce an out-of-state order, law enforcement typically may rely on the National Crime Information Center Protection Order File (NCIC-POF). The NCIC-POF is a nationwide, electronic database that contains information about orders of protection that were issued in each state and territory in the U.S. The Protection Order File (POF) contains court orders that are issued to prevent acts of domestic violence, or to prevent someone from stalking, intimidating, or harassing another person. It contains orders issued by both civil and criminal state courts. The types of protection orders issued and the information contained in them vary from state to state.1

There is no way for the general public to access the NCIC-POF. That means you cannot confirm a protection order is in the registry or add a protection order to the registry without the help of a government agency that has access to it.

Typically, the state police or criminal justice agency in the state has the responsibility of reporting protection orders to NCIC. However, in some cases, the courts have taken on that role and they manage the protection order reporting process.2 NCICPOF is used by law enforcement agencies when they need to verify and enforce an out-of-state protection order. It is managed by the FBI and state law enforcement officials.

However, not all states routinely enter protection orders into the NCIC. Instead, some states may enter the orders only in their own state protection order registry, which would not be accessible to law enforcement in other states. According to a 2016 report by the National Center for State Courts, more than 700,000 protection orders that were registered in state protection order databases were not registered in the federal NCIC Protection Order File.2 This means that if a law enforcement officer is trying to enforce a protection order from another state that is missing from the NCIC, the victim would likely need to show the officer a hard copy of the order to get it immediately enforced. If you no longer have a copy of your original order, you may want to contact the court that issued the order to ask them how you can get another copy sent to you.

1 National Center for Protection Orders and Full Faith & Credit
2 See State Progress in Record Reporting for Firearm-Related Background Checks: Protection Order Submissions, prepared by the National Center for State Courts, April 2016

How do I register my protective order in Oklahoma?

You do not need to register your order in Oklahoma in order for it to be enforced.1  However, if you want to register your protection order, you can give a certified copy of the order (certified by the issuing state) to:

  • the Secretary of State of Oklahoma; or
  • a law enforcement officer and ask him/her to register it with the Secretary of State of Oklahoma.

Once the Secretary of State registers the protection order, you will get a certified copy of the registered order. There is no fee for registering your protection order.2

If you have questions, you can contact a local domestic violence organization in Oklahoma for assistance. You can find contact information for organizations in your area here on the OK Advocates and Shelters page.

1 See O.S. § 60.23 22
2 O.S. § 60.25(A),(B),(F)

Do I have to register my protective order in Oklahoma to get it enforced?

No. Oklahoma state law gives full protection to an out-of-state protection order (even if it has provisions that would not be allowed on an Oklahoma protective order). It can be enforced by a law enforcement officer as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect. The order does not have to be entered into the state or federal registry in order to be enforced by an Oklahoma police officer, but the officer does need to believe that it is a valid (real) order.1 It can also be enforced by a court in Oklahoma if you file a court action for enforcement.2

1 22 O.S. §§ 60.9(D), 60.12(A)
2 22 O.S. § 60.23

Will the abuser be notified if I register my protective order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Staying Safe page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our OK Advocates and Shelters page.

1 18 USC § 2265(d)