Tulsa Attorney BlogCan You Get A Protective Order On The Basis Of Rape In Oklahoma?

Victims Of Rape Can File For A Protective Order On Those Basis.

Video Transcribed: Can you get a protective order on the basis of rape in Oklahoma? I’m Tulsa Attorney James Wirth and I’m about to discuss that issue.

Okay, so to get a protective order to Oklahoma, there’s a number of different boxes that could be checked. It could be domestic abuse, it could be threat of imminent physical harm, it could be harassment, it could be stalking, it could of being a victim of certain crimes. Then there’s a specific part that talks about rape. Victims of rape can file for a protective order on those basis.

How is raped to find for that purpose? Unlike the other allegations that are specifically defined in the Protective Order Act, this actually incorporates the criminal definitions of rape, so if it qualifies under the criminal deferment initials or rape, then you can get a protective order on it.

That means the statutory rape based on age difference or based on the person being younger than the age of 16 is grounds of rape for the purpose of getting protective order as well, and other parts of the act allow a parent or other household member to file on behalf of minor child.

That does qualify here if you have a child that’s in a relationship you don’t approve with and there’s been sexual contact involved in that, you could get a protective order for them on the behalf of your child if the child is under age of 16 on the basis of rape.

The other differences between filing based on rape and the other types, domestic abuse, harassment, stalking threats is that those either require a family relationship, intimate, a relationship or that you file a criminal report first. Rape does not. There does not have to be any relationship there in order to qualify. You don’t have to first file a police report there in order to qualify. However, if the allegation is rape, obviously that needs to be reported. You need to get that police report made so that evidence can be documented in order to prosecute both the criminal case and the protective order.

But if you’re under these circumstances, don’t take my general word on it. Get specific advice related to your specific circumstances from an attorney. If you want to talk to me about it, give me a call 918-932-2800

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