Frequently Asked Questions about Protective Orders
Does your firm regularly handle protective orders?
Yes, Parsons, Graham & Day regularly handles protective orders, either as stand-alone matters or in conjunction with custody cases. Our firm has represented both plaintiffs and defendants to successful resolution of their cases.
What is "Domestic Abuse" for purposes of a protective order?
"Domestic abuse" means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who is currently or was previously an intimate partner or family or household member. See 22 O.S. § 60.1(2).
What is "Stalking" for purposes of a protective order?
"Stalking" means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to:
a. following or appearing within the sight of that individual,
b. approaching or confronting that individual in a public place or on private property,
c. appearing at the workplace or residence of that individual,
d. entering onto or remaining on property owned, leased or occupied by that individual,
e. contacting that individual by telephone,
f. sending mail or electronic communications to that individual, or
g. placing an object on, or delivering an object to, property owned, leased or occupied by that individual. See 22 O.S. § 60.1(9).
What is "Harassment" for purposes of a protective order?
"Harassment" means a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. "Harassment" shall include, but not be limited to, harassing or obscene telephone calls in violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury. See 22 O.S. § 60.1(5).
Is the judge allowed to grant both parties a "mutual" protective order?
For purposes of this answer, a mutual protective order refers to an order that is entered against both parties of the same petition. For example, petitioner files PO-2020-1 against defendant, and judge grants a final protective order to both parties - 2 orders from 1 petition. That is not allowed under the statutes. However, both parties can get protective orders when each files a petition against the other; as in the example of husband files PO-2020-1 against wife and wife files PO-2020-2 against husband. See 22 O.S. § 60.1(7).
What are some of the factors the court will consider in granting a protective order?
- Does your case fit the statutory definition(s)? See 22 O.S. § 60.1.
- Are the facts such that a protective order is warranted?
- What is the history of the parties? See Curry v. Streater at ¶ 15.
- What is the relationship of the parties? See Curry v. Streater at ¶ 15.
- What are the ages of the parties? See Curry v. Streater at ¶ 15.
- What is the intelligence level of each party? See Curry v. Streater at ¶ 15.
- How are the parties' health? See Curry v. Streater at ¶ 15.
- What is the physical strength level of each party? See Curry v. Streater at ¶ 15.
- Are there any other indicators that a threat was real and likely to be carried out? See Curry v. Streater at ¶ 15.