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;
- 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 and how long do they last?
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 closed 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 next court date, which should be within 14 days.2
Although the statute is not clear, similar to the domestic violence protective order process, you should be able to get an emergency ex parte order of protection 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.3
1 22 O.S. § 40.3(A)
2 22 O.S. § 60.3(C)
3 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)
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.