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Legal Information: Oklahoma

Restraining Orders

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Updated: 
April 25, 2018

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)