Restraining Orders

You can ask for a protective order because of acts of domestic abuse committed by a current or former intimate partner or a family or household member, which includes:

• a current or former spouse;
• someone you are dating or used to date;
• someone with whom you have a biological child in common;
• someone you lived with in an intimate way, which is mainly defined as involving affectionate or sexual involvement;
• parents, grandparents, stepparents, adoptive parents, and foster parents;
• children, grandchildren, stepchildren, adopted children, and foster children;
• anyone else related to you by blood or marriage; or
• anyone you live in the same household with, regardless of whether you are related by blood or marriage.¹

“Living in the same household” means that you currently live or, within the past year, lived in the same single-family home as the abuser. It can also mean that you each have your own lease for a private bedroom, while sharing the home’s common areas.²

Additionally, you may be able to petition for a protective order against someone who is not a family or household member, under the following circumstances:

1. If you are the immediate family member of a victim of first-degree murder, you can file against the person who committed the murder.
2. You can file against anyone if you are a victim of one of the following acts committed by that person:

• rape;
• forcible sodomy;
• a sex offense;
• kidnapping;
• child abuse;
• assault and battery with a deadly weapon; or
• if you are an adult, any other crime.³

If you are asking for a protective order against someone who is not an intimate partner, family member, or household member, you must file a police report against this person before filing a petition with the district court. You must give a copy of this report to the judge unless the police have already given it directly to the court.⁴ 

Minors who are 16 or 17 years old can file for an order themselves. A minor who is under 16 years old must have an adult family or household member file for them. If you are filing against a minor who is age 13 or older, you must file your petition in the local court that has power (jurisdiction) over juvenile matters.⁴

If you do not qualify for a domestic violence protective order, you may instead qualify for a stalking protective order or a victim protective order for violence by a non-intimate partner.

¹ 22 O.S. § 60.1(2), (3), (6)
² 22 O.S. § 60.1(7)
³ 22 O.S. § 60.2(A), (G)
⁴ 22 O.S. § 60.2(A)(1)