Who can get a VPO is outlined in 22 O.S. § 60.2. This includes a victim of domestic abuse; a victim of stalking; a victim of harassment; a victim of rape; or any adult or emancipated minor, household member on behalf of any other family member or household member who is a minor or incompetent or any minor aged 16 or 17 years. There has to be a relationship between the two individuals or certain acts need to have occurred. The person filing the VPO is called the Petitioner. The person against whom the VPO is filed is the Defendant.
Jurisdiction must exist. At least one of the following jurisdictional requirements must be met: 1) the petitioner is a resident of the county where the petition is filed, 2) the defendant is a resident of the county where the petition is filed, or 3) the domestic abuse occurred in the county where the petition is filed.
The actions of the defendant must include either 1) causing or attempting to cause physical harm, 2) threatening imminent physical harm, 3) harassment, or 4) stalking. For all but stalking, the two individuals must have a certain relationship. The following qualifies as a “relationship” for these purposes: married, parent & child, persons related by marriage, persons living in the same household, biological parents of the same child, victim of rape, divorced, persons related by blood, present spouse of an ex-spouse, formerly living in same household, or persons in a previous dating relationship. For stalking, the petitioner must have filed the complaint against the defendant with the proper law enforcement agency before filing a petition.
22 O.S. § 60.1 defines stalking as the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor 13 years or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested. The stalking must actually cause 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. Unconsented contact or course of conduct includes, but is not limited to:
- following or appearing within the sight of that individual,
- approaching or confronting that individual in a public place or on private property,
- appearing at the workplace or residence of that individual,
- entering onto or remaining on property owned, leased, or occupied by that individual,
- contacting that individual by telephone,
- sending mail or electronic communications to that individual, or
- placing an object on, or delivering an object to, property owned, leased, or occupied by that individual.
Harassment is a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person that seriously alarms or annoys the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and it must actually cause substantial distress to the person. Harassment includes, but is not limited to, harassing or obscene telephone calls and fear of death or bodily injury.
Family Members Of A Victim Of First-Degree Murder
A member of the immediate family of a victim of first-degree murder may seek a VPO against the following people:
- The person who was charged and subsequently convicted as the principal in the crime of murder in the first degree; or
- The person who was charged and subsequently convicted of being an accessory to the crime of murder in the first degree.
For more information on Getting A VPO In Oklahoma, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.