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:
- repeatedly follows you or harasses you in a way that makes you feel scared, intimidated, threatened, harassed or molested; or
- 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:
- 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
- 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:
- have no contact with you - in person, by phone, mail, electronically, or by any other means;
- stop abusing, sexually assaulting, harassing, stalking, or threatening you – and stop “otherwise interfering” with you;
- not use, attempt to use, or threaten to use physical force against you that would reasonably be expected to cause bodily injury;
- stop doing anything that would make you afraid that the abuser is going to physically injure you, a relative, or a household member;
- 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;
- 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);
- move out of the home (if you live together) and take no action to change utilities or telephone service;
- 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);
- 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);
- turn in all firearms and dangerous weapons; and
- 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
If the abuser lives in a different state, can I still get an order against him/her?
When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.
There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:
- The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
- One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
- If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.
However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.
You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.
Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.