Stalking; Protective Orders In Oklahoma

Stalking; Protective Orders in Oklahoma

Protective Orders are orders issued by the court on behalf of a victim of domestic violence. It may order the abuser to move out of a shared home and/or to stop hurting, threatening, stalking and/or harassing the victim. The authority of courts to enter orders of this nature stems from the Oklahoma Protection from Domestic Abuse Act. The Act allows a victim of domestic abuse, stalking, harassment, or rape to petition the court for a protective order on behalf of themselves and their children. In this blog post, we will discuss how stalking is defined in the statute.

Merriam Webster defines stalk as follows: to follow, watch and bother (someone) constantly in a way that is frightening, dangerous, etc. To stalk someone is a common term today, and can take place in a variety of forms. Whether in person, by phone, text, or online, our interconnectedness has expanded the ways in which we communicate-for better and for worse. Whether an individual has stalked another becomes important when relief is sought under the Oklahoma Protection from Domestic Abuse Act. Specifically, a victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor age sixteen (16) or seventeen (17) years may seek relief under the provisions of the Act. There are two general ways a person can commit stalking under the statute:

1. “Stalking” means the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested.
2. Stalking also means a course of conduct composed of a series of two or more separate acts over a period of time, however short, evidencing a continuity of purpose or unconsented contact with a person that is initiated or continued without the consent of the individual or in disregard of the expressed desire of the individual that the contact be avoided or discontinued. Unconsented contact or course of conduct includes, but is not limited to:
3. following or appearing within the sight of that individual
4. approaching or confronting that individual in a public place or on private property
5. appearing at the workplace or residence of that individual
6. entering onto or remaining on property owned, leased, or occupied by that individual
7. contacting that individual by telephone
8. sending mail or electronic communications to that individual
9. placing an object on, or delivering an object to, property owned, leased or occupied by that individual.[1]

If you have questions regarding stalking or protective orders in Oklahoma, contact our experienced Tulsa criminal defense attorney for a consultation.

[1] 22. O.S. § 60.1 (OSCN 2015), Protection from Domestic Abuse Act.