Oklahoma Domestic Violence Laws

Domestic violence occurs when abusive criminal acts are committed by people who share certain relationships. Oklahoma also refers to this as either intimate partner violence or relationship violence. No matter what name is used, the fallout of abusive crimes between family members, household members, and intimate partners can ruin lives and destroy families.

Oklahoma battles domestic violence with laws designed to punish offenders and protect victims. This article will explain how the state of Oklahoma defines domestic violence, examine the programs and protections available, and provide a roadmap for navigating the legal system. A thorough understanding of Oklahoma domestic violence laws can help prepare you for what comes next.

Defining Domestic Violence Under Oklahoma Law

To provide relief for victims and penalties for abusers, Oklahoma has the Protection From Domestic Abuse Act. This collection of statutes focuses on preventing domestic violence. Since not every violent or abusive crime is considered domestic violence, it’s important to know what it is.

For a crime to receive domestic violence classification, two elements are required. An abusive act considered eligible for domestic violence must occur between individuals sharing a qualifying relationship under Oklahoma law. Let’s see if we can make that less confusing.

Domestic violence crimes are about power and control. Through different types of domestic abuse, abusers take away personal freedoms from victims. They can employ threats, coercion, intimidation, and violence. In Oklahoma, crimes that fall into the following categories are potential domestic violence offenses:

• Harassment
• Stalking
• Domestic abuse, which includes but isn’t limited to:
  • Causing physical harm or great bodily injury
  • Threatening an act of physical harm or great bodily injury
  • Domestic assault and battery
  • Assault with a dangerous weapon
  • Strangulation
  • Disfigurement
  • Any other types of bodily harm or physical violence
• Rape

While the crime itself is one aspect of domestic violence, the participants also determine if it qualifies or not. Oklahoma‘s definition of family members, household members, and intimate partners is larger than most states. The eligible participants are:

• Spouses
• Former spouses
• People who are in a dating relationship (with sex and/or affection)
• People who were in a dating relationship (with sex and/or affection)
• People with a child in common
• People who live together in an intimate way (sex not required)
• People who lived together in an intimate way (sex not required)
• Family by consanguinity (blood relatives)
• Family by marriage (in-laws or stepfamily)
• People living in the same household within the past year
• Parents
• Grandparents
• Stepparents
• Adoptive parents
• Foster parents
• Children (both grown and minor children)
• Grandchildren
• Stepchildren
• Adopted children
• Foster children

If people sharing one of the above relationships are involved in one of the abusive acts listed above, it’s a domestic violence crime. Victims of domestic violence crimes have access to special programs and protections. Abusers face enhanced penalties, mandatory domestic violence training classes that last 52 weeks, and jail time.

If an abuser is arrested for a domestic violence crime, the state of Oklahoma takes over the prosecution. Even if the victim doesn’t want to press charges, the prosecutor decides whether or not to proceed.

Programs, Protections, and Penalties Under Oklahoma Domestic Violence Laws

Now that we have a better understanding of what domestic violence is, let’s see what tools Oklahoma provides to combat it. One of the most effective methods for victim protection is an Oklahoma domestic violence protective order. While not perfect, protective orders combine protection for victims with stiff punishments for abusers.

There are three types of domestic violence protective orders in Oklahoma, but their main variation is duration. All orders have provisions specific to each domestic violence case, but some are used often. Some of the most common conditions are written into Oklahoma law:

• The defendant (abuser) must avoid the residence of the petitioner (victim) or any premises occupied by the petitioner
• The defendant must avoid contact that harasses or intimidates the petitioner at the home, work, or school of the petitioner, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner
• The defendant can’t impersonate or adopt the personification of the petitioner for any reason
• The defendant can’t damage, dispose of, harm, hide, mistreat, or remove a household pet
• The defendant must obey a no-contact order with the petitioner unless the petitioner waives the right in writing
• The court can order a wireless provider to switch billing of the victim’s phone to the victim
• If temporary child custody is involved, the defendant must abide by any visitation decrees
• The defendant may have to obey federal law concerning firearm possession even if the Oklahoma protective order doesn’t have a provision for it

A protective order can include some, none, or all of the provisions listed. The court can add any condition necessary for the victim’s safety.

The first step to getting a protective order is filling out the paperwork and filing it at your local district courthouse. For domestic violence protective orders, there’s no requirement for charges to be pressed at a police station or to have a police report.

When you’re in immediate danger, and the courts are closed, there’s another option. You can file an emergency ex parte protection order through law enforcement. If a police officer is responding to a call and determines domestic violence has occurred, they can initiate the process themselves.

Regardless of how it’s issued, an emergency ex parte order lasts until the end of the next judicial day. Before then, you need to file a petition for a temporary ex parte order at the courthouse. In most instances, a judge will review the petition on the same day. If approved, the temporary order is issued ex parte, which means without first speaking to the defendant.

Law enforcement will attempt to serve the defendant with the order within 24 hours. The order lasts for 14 days but only begins once the defendant is served. If the defendant wants to oppose the order, you’ll have a court hearing within 14 days. This can be reduced to 72 hours if child custody is involved.

At the court hearing, both sides can make their arguments, present evidence, and call witnesses. If the court agrees with the petitioner, the temporary order becomes a permanent protective order. The duration is up to five years. If the defendant is incarcerated, the clock doesn’t begin until they’re released. The court can rule that the order has no end date if the threat is deemed serious enough.

All protective orders issued in Oklahoma are covered under federal law and are valid anywhere in the country. Oklahoma honors other orders under state law as well.

Violations of Oklahoma protective orders carry serious ramifications. Even a first offense can land you in jail. Penalties vary depending on the number of previous violations and if an injury is involved:

• First violation (misdemeanor): Up to one year in county jail and a fine of up to $1,000
• Any additional violations (felony): Between one to three years in the custody of the Department of Corrections and a fine of between $2,000 and $10,000
• First violation with physical injury or physical impairment (misdemeanor): Between 20 days and one year in county jail and a fine of up to $5,000
• Any additional violations with physical injury or physical impairment (felony): Between one to five years in the custody of the Department of Corrections and a fine of between $3,000 and $10,000

Additional penalties include mandatory 52-week domestic violence treatment programs, anger management classes, and GPS tracking. For more information on protective orders in Oklahoma, take a look at FindLaw’s Oklahoma Protective Orders Laws article.

Protective orders aren’t the only aid available for domestic violence victims. The Address Confidentiality Program (ACP) allows victims to have a second legal mailing address used for public records. This includes a driver’s license or a voter registration card. First-class mail is forwarded to the actual address. There’s no charge for this service.

When escaping an abuser, breaking a lease might be necessary. Domestic violence victims are covered under state law to break a lease without penalty. Tenants must provide a written request, proof of a protective order, and 30 days’ notice.

Abusers have tried to game the system by harassing their victims with pointless, time-consuming, and abusive litigation. It can also be used to locate the victim using addresses on legal documents. Oklahoma punishes abusive litigation with penalties including hefty fines and jail time.

Oklahoma Domestic Violence Laws: Other Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Building a Safety Plan (NDVH)
• Domestic Violence FAQ
• Oklahoma Court Locator Portal
• Futures Without Violence

Domestic Violence Issues in Oklahoma? Speak With an Attorney

Nobody deserves to suffer domestic violence at the hands of a dating partner or in the presence of a child. Call 911 if you’re in immediate danger. After that, consider speaking with an Oklahoma domestic violence lawyer. They can help you escape a house of horrors and find your way to an abuse-free life.

If you’re facing domestic violence charges, it’s a good idea to talk to an Oklahoma criminal defense attorney. A skilled domestic violence defense lawyer can examine your domestic abuse charges, see if self-defense is a reasonable claim, and help you avoid a felony conviction.