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)