What Are The Four Different Ways To Get A Protective Order?
Video Transcribed: What does domestic abuse mean for the purposes of getting a protective order in Oklahoma? I’m Oklahoma attorney James Wirth, I’m about to answer that question for you. Okay. So what does domestic abuse mean for the purposes of getting a protective order in Oklahoma? I can read the statute to you, so give me a moment on that. It says domestic abuse means any act of physical harm or the threat of imminent physical harm.
That’s why when I’m talking about protective orders, I say there’s four different basis to get one, typical basis. One, domestic abuse. Two, threat of imminent harm. Three, harassment. Four, stalking, also rape and potential if you’re a victim of certain crimes. But I usually separate the threat from the domestic violence, even though by statute they’re included in the same thing. They have different caveats to them. So I include them as separate, but it is included as part of the definition.
So let me get back to that definition. Or the threat of imminent physical harm, which is committed by an adult, emancipated minor, or a minor 13 years of age or older. Against another adult, emancipated minor, or minor child who is currently, or was previously, in an intimate partner, or family, or household, member.
Okay, so, one, the takeaway from that is that you can get a protective order against anybody who’s 13 years of age or older. If the other party that is harassing you, or in this case domestic violence, is under the age of 13 you cannot get a protective order. Okay. Two, thing to take away from that is what we already talked about. That physical harm is domestic violence, but also threats can be domestic violence. But I’m going to talk about threats in a separate video.
And then three, it requires that there be an intimate partner, or a household member, or family member. So what do those things mean? That means if there’s a stranger out there that’s not domestic violence, you have to meet the domestic part of domestic violence. So household member can mean parents, grandparents, step parents, adoptive parents, foster parents, children, grandchildren, stepchildren, adopted children, foster children, otherwise related by blood.So we’ve got pretty much the catch-all there for family, otherwise related by blood. So that’s family member or household member.
But then it also has the intimate partner and intimate partner is separately defined. And that includes current/former spouse, someone that’s in a dating relationship. Pretty common sense there. But if you don’t meet that relationship requirement then you can’t get that type of protective order. You may be able to get a different type of protective order but not that type unless you meet that relationship requirement.
Okay. So what does it take though when it talks about physical harm? Does that require a certain injury or anything? The way that’s been interpreted by judge generally is no. It doesn’t require any kind of actual injury. Harm could basically be anything. So if any kind of physical act that would call harmful or offensive, then that pretty much qualifies, you can pretty much get the protective order granted on that.
But don’t take my word for it. If you’ve been a victim of this, or you’ve got a case filed against you where domestic violence is alleged, talk about your specific circumstances, get specific advice from an attorney. You could call me. I’ll talk to you. Give me a call. (918) 932-2800
Tags: protective orders