Tulsa Attorney BlogDo You Have To File A Police Report To Get A Protective Order In Oklahoma?

How Police Reports Affect Oklahoma Protective Orders

Video Transcribed: Do you have to file a police report in order to get a protective order in Oklahoma? I’m Tulsa attorney, James Wirth. I’m about to answer that question.

Okay, so do you have to get a police report and make a report in order to get a protective order in Oklahoma? Well, it depends. It depends on the basis upon which you’re requesting the protective order be granted. Under most circumstances, you do not. If you’re getting a protective order based on domestic violence, that requires that there be a family relationship or intimate relationship.

If it’s based on a threat of imminent harm, that also requires a relationship element. If it’s harassment, it also requires a relationship element. If it’s rape, then it doesn’t require that. It doesn’t require a police report.

But the one circumstance where you do have to get a police report, if it’s based on stalking, and there is no intimate relationship, household relationship or family relationship. Under those circumstances, the law requires that you first file a police report and that you bring that police report with you to all court hearings. And if you do not bring it to the court hearing, then the law requires that that petition that you filed be deemed frivolous, and allows the possibility of attorney’s fees to be paid by the defendant.

So if you’re requesting a protective order on the basis of stalking and there is no relationship there between the petitioner filing and the defendant, you must file that police report. Interestingly enough, although you’re not required to file a police report in other cases, the police, by law, if you do contact them related to a domestic violence incident or something else, they are required by law to let you know that you can file for a protective order and give you information about that.

But don’t take my general word for it based on this video. If you are in specific circumstances where you have questions about this, you need to speak with an attorney about your specifics to get specific information for you. So contact an attorney. You can contact me. I’ll talk to you on (918) 932-2800. Or you can go to my website, wirthlawoffice.com.

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