Judges issue restraining orders to protect people who have already been victimized or are in danger of violence from further abuse or harassment. In Oklahoma, restraining orders are available for two types of victims: people who have suffered from domestic violence and people who are being stalked. The law regarding restraining orders in Oklahoma is defined by the Protection from Domestic Abuse Act.
In Oklahoma, restraining orders, known as "protective orders," can protect victims of domestic abuse. Domestic abuse is violence committed by a family or household member.
Family members include persons you are related to by blood, marriage or adoption; household members are people you have, or do, live with. In Oklahoma, you can get a protective order against someone you are, or have, dated. Violence includes actual, threatened or attempted physical harm. Types of crimes included under the definition of domestic abuse are rape, assault and battery, stalking and harassment, when committed by the parties defined above.
In Oklahoma, if you are not related or intimately involved with the person who is hurting you you can only get a protective order if you allege they are stalking you. You do not need to be related to them or even know them to qualify; you can get a stalking protective order against any adult or minor over the age of 13 who is stalking you.
Under Oklahoma law, "stalking" is defined as "willful, malicious and repeated following," which does, or was intended to, cause the victim to fear death or serious injury.
The person who wishes to obtain a restraining order (the "petitioner") must go to the courthouse in the Oklahoma county where she lives, where the alleged abuser (the "respondent") lives, or where the abuse or stalking took place. File a petition for a protective order; this form is available online and in the court clerk's office. The clerk will give your petition to a judge, who may ask you to make a brief statement. You may also request a temporary restraining order to protect you until the full hearing can be held. Before a hearing can be served, the respondent must be served (by a professional process server or local law enforcement) with a notice of hearing. Then, both parties will be given the opportunity to testify in court.
Oklahoma restraining orders are valid for three years.
Violating a restraining order is a misdemeanor in Oklahoma, punishable by up to one year in jail and/or a maximum fine of $1,000. Subsequent misdemeanors carry a minimum of 10 days in jail with maximum fines increasing to $5,000. If the protected person is caused physical injury, there is a minimum of 20 days in jail. Minor children convicted of violating a restraining order will be mandated counseling.