Tulsa Attorney BlogCan Victims Of Crime File For Protective Order Against Perpetrators In Oklahoma?

The Answer Is Most Of The Time, No, But Sometimes, Yes.

Video Transcribed: Can victims of crime in Oklahoma filed for a protective order against the perpetrator? I’m Tulsa attorney James Wirth. I’m about to answer that question.

Okay. So if you’re a victim of a crime in Oklahoma, can you get a protective order against the perpetrator? That would prevent that person from being around or if they are around you in violation of the order, you can call the cops and they can be arrested for that. The answer is most of the time, no, but sometimes, yes. The statute does allow a victim of a crime to get a protective order if it’s the right crime.

So let me take a look at the statute and we’ll look at what crimes do qualify a rape, forcible sodomy, a sex offense, kidnapping, assault and battery with a deadly weapon. Or in the case of first degree murder, family members of the decedent of the victim can get a protective order.

So if it’s that crime and you fall within that, then you can get it on the basis of being a victim of a crime. And unlike some of the other ways that you get a protective order based on domestic abuse, threat of imminent danger of harm, harassment or stalking, there doesn’t have to be any family relationship with the perpetrator.

There doesn’t have to be any police report filed first, in order to get the protective order. Just the fact that there is a crime proceeding, a criminal proceeding, and that you’re the victim of it under those types that allows you to file for that protective order.

But don’t take my general word for it. Get the information based on your specific circumstances. Talk to an attorney. You can call me (918) 932-2800.

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