Obtaining Protective Orders for Non-Intimate Relationships
What do you need to get a protective order granted if it’s not against someone that you’ve had an intimate relationship with? Hi, my name is Carl Birkhead. I’m a Tulsa protective order attorney with Wirth Law Office in Tulsa, Oklahoma. I’ve been practicing family and criminal law for almost eight years now. And I want to help you make law easy by just talking a little bit about what to do to get a protective order against someone that you haven’t been in a relationship with or you’re not related to.
I forgot what the act is called. I think it’s the Domestic Violence Prevention Act. It has specific provisions for when you can get an order of protection, even if it’s not against someone that you’ve been related to, dating, married to, have a kid with, something like that. And I’m going to step away from the instances where someone just tore off and whooped the snot out of you. You’re being attacked, you’re being injured, especially if it’s a repeated thing.
Focusing on Stalking and Harassment
But I’m more focusing here on when someone is just bugging you. Now, I’m not saying bugging you as like, you know, if your kids are just, hey, I’m not touching you, I’m not touching you, I’m not touching you, but getting right in your face. I’m more talking about a systemic and habitual stalking and harassment type of situation. Something where you’ve told the other side at least once, but more than once, leave me alone. Do not contact me.
I do not want you bothering me anymore. You’ll need to be able to show that you’ve taken steps to try to prevent their ability to contact you. You’ve blocked them on socials, you’ve blocked their phone number, and they’re still, you know, they’re getting burner phones, they’re creating fake accounts. They’re showing up at your work, showing up at your home, doing everything that they can just to, like, make your life a living hell and stalk and harass you.
Taking Legal Steps for Protection
Now, even that still isn’t enough under the statute, though. In this particular instance, you also need to make a police report for stalking and harassment. You need to go to your local law enforcement, you know, fill out a report, you know, with as much information as you can identifying the person that is tracking you, that’s stalking and harassing you. You need to get that filed with the police, and then, still, if they keep stalking you, following you, harassing you, everything past that, that’s when you can go and you can file a petition for a protective order.
You’ll have done everything that you can to avoid the courts at that point. You know, you’ve blocked their number, you’ve blocked them on socials, you’ve told them to leave you alone, you’ve gone to law enforcement, you’ve filled out a police report, and it’s still going on. At that point, yes, go fill out a petition for a protective order, file it with the district court, and present it to the court exactly like that.
Building Your Case with Legal Support
Like, Your Honor, I have tried everything short of asking for the court’s intervention, and nothing else has worked. In those situations, you’re very likely to be able to get one granted to you, as long as you can prove that it’s continuing to go on, that it’s harassing in nature, and that you’ve done everything that you can to stop it.
If you have questions about this, or if you’re in this situation, absolutely give me a call. I’d like to sit down with you to review the facts of your case and determine the best approach to build your case, so we can present it to the court and ensure you receive what you’re looking for. My name is Carl Birkhead, I’m a Tulsa criminal attorney with Wirth Law Office, and I want to help you make law easy. Thank you.
Contact Us for a Low-Cost Initial Strategy Session
If you need assistance filing a protective order or require more information, please don’t hesitate to reach out. Call me at 918-879-1681 to schedule a low-cost initial strategy session. Together, we can explore your legal options and take the necessary steps to ensure your safety and peace of mind.
