Obtaining Victim Protective Orders OKC
Issuing a Victim Protective Order (VPO) in the state of Oklahoma is a serious matter that can help protect you and your family from any harm. To understand how victim protective orders work, it is important to understand the different layers to it and see which one is right for you. In addition, William R. Pierce can help you with the victim protective orders OKC process to help reach your legal goals.
What is a Victim?
For starters, a victim is a person who has been hurt or taken advantage of. It is important to know the definition to clearly understand if you require a victim protective order if you have been a victim in a situation. Having a victim protective order is an order that can be used to help stop any violent or harassing behavior in your life that is causing you harm and stress. There are three kinds of victim protective orders and it is important to know which one is more relevant to you to have a stronger case. A victim protective order can be issued if a person is a victim of domestic abuse, stalking, or harassment.
Under Oklahoma Law, a victim can file a victim protective orders from a person who is causing them harm in their life. When it comes to the person they are seeking protection from, is the victim:
- A victim of rape?
- Biological parents of the same child or children?
- Currently or previously in a dating relationship with them?
- Divorced from their spouse? (Are they married to your ex?)
- Divorced from them?
- Formerly living in the same household as them?
- Living in the same household as them?
- Married to them?
- Related to them by blood?
- Related to them by marriage?
- Their child?
- Their parent?
If a victim checks off any of the above categories, they are qualified to obtain a victim protective orders OKC.
Under Oklahoma law, domestic abuse can be considered as any act of physical harm or simply the threat of imminent physical harm committed by a family member or person in a dating relationship. In Oklahoma, the legal definition of a ‘dating relationship’ is a courtship or engagement, where an engagement is easy to recognize because of a ring. However, the legal lines of ‘courtship’ in Oklahoma are harder to prove because there has to be a “series of repeated events that signifies the two people in the courtship were in a monogamous, exclusive relationship.” For example, going on one or two dates and never speaking again is not considered a dating relationship in an Oklahoma court of law.
In Oklahoma, one can obtain a victim protective order if the person is a victim of actual physical harm or can prove there was threatened imminent physical harm to you. Additionally, for the victim protective orders to be considered legit, either the victim or the person the victim is seeking protection from must live in Oklahoma County.
If there is a child or children also involved in obtaining a victim protective orders, the victim must be their parent or legal guardian and they must be under the age of 18. Additionally, they must live with the victim and the victim must have legal custody (full or joint). Although a victim protective order will not determine custody of a child or children, it will define that there is no contact between the two parties.
Victim protective orders can also be applied if you are a victim of staling. By definition, stalking is “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. 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.”
For a victim to successfully obtain a victim protective order against someone for stalking them, the victim must have felt frightened, intimidated, threatened, harassed, or molested. Under Oklahoma law, you can also be a victim of stalking if a person follows you or appears within your sight, approaches or confronts you in a public place or on private property, appears at your house or workplace, enters onto or remains on property you own, lease, or occupy, contacts you by telephone, sends you mail or electronically communicates with you, or places an object on, or delivers an object to, property you own, lease or occupy.
Additionally, in Oklahoma, you can only file a petition for stalking against a person who is either a family or household member, nor a person you are dating, without having first filed a complaint with a law enforcement agency.
If you are a victim of harassment, Oklahoma law defines harassment as a knowing and willful course of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person. Additionally, this person you seek the victim protective order against must either be a family member or a person living in your residence, or you must currently or previously had been in a dating relationship with that person.
To successfully obtain the victim protective orders, the victim must have been directly harassed and the behavior must have alarmed or annoyed you. The harassing behavior must also serve no legitimate purpose. It must also cause the victim substantial emotional distress.
Under Oklahoma law, there are no filing fees, service of process fees, defendant’s attorney fees or any other fees or costs charged to the victim, regardless if victim protective orders are granted or not. If the victim protective orders are granted, the court will decide the costs to the abuser and order them to pay your attorney’s fees.
If you or someone you know is a victim of domestic abuse, harassment, or stalking, please seek professional legal counsel or law enforcement immediately.
Professional Legal Counsel for Victim Protective Orders OKC
Here at William R. Pierce Attorney at Law, we offer a full range of quality legal services in all of Oklahoma City, as well as the rest of the state. No matter the legal matter, you can count on William R. Pierce Attorney at Law to understand the law and commit to providing your case with the personal attention you and your case deserve.
William R. Pierce is a sole practitioner. Using his knowledge of the law and experience, attorney Pierce can assist you with cases involving criminal law, family law, and personal injury law. As a former prosecutor and trial lawyer, William R. Pierce knows the ropes. He can guide you through tough and traumatic times.
When you need a lawyer’s help with a legal matter like victim protective orders OKC, you deserve more than just anyone with a law degree. You need a lawyer who is experienced and familiar with the law and the Oklahoma court system. Call today at Contact Form and let William R. Pierce be your number one advocate!or connect with using our