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)
If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.
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)