In Tulsa County, both a protective and stalking order are legal mechanisms that protect individuals from harassment, threats, and harm. However, they are used in different circumstances and have distinct legal requirements and implications. Here’s a detailed explanation of the differences between the two:
Protective Order (Also Known as a Restraining Order)
A protective order works to protect individuals from harm by someone with whom they have a specific relationship. Protective orders are typically for individuals who have a specific relationship with the respondent, such as family members, individuals with a child together, and those who live together.
There are several different grounds for filing for a protective order, such as domestic abuse and harassment. Emergency Protective Orders (EPOs) provide temporary protection quickly without a hearing, and will typically last until the court can hold a full hearing. The court will issue a final protective order after a hearing where both parties can present evidence. It can last up to five years and include various provisions, such as no-contact orders, exclusion from certain locations, and temporary custody arrangements.
Stalking Order
A stalking order is specifically to protect individuals from stalking behaviors, which involve repeated and unwanted attention that causes fear or emotional distress. Unlike protective orders, stalking orders can be sought by any individual who is being stalked, regardless of their relationship with the stalker. This includes strangers, acquaintances, or any other person not covered by the protective order criteria.
Under Oklahoma law, stalking is any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that causes the person to feel frightened, intimidated, threatened, harassed, or molested. In the context of stalking, harassment includes repeated, unwanted communication or contact that causes emotional distress.
Much like with a protective order, there are emergency and final stalking orders. These can also come with some of the same restrictions as a protective order. Violating both a protective order and a stalking order can come with severe consequences.
Key Differences
Despite how similar they can be, there are still some key differences between the two options.
Eligibility and Relationships:
- Protective Order: Requires a specific relationship between the petitioner and the respondent (family, household members, dating partners).
- Stalking Order: Does not require any specific relationship; can be against any individual causing fear through stalking behavior.
Scope of Protection:
- Protective Order: Broader in scope, addressing various forms of domestic abuse, harassment, and threats within specified relationships.
- Stalking Order: Focused specifically on stalking behavior, regardless of the relationship between the parties.
Legal Framework:
- Protective Order: Governed by statutes related to domestic abuse and family violence.
- Stalking Order: Governed by statutes specifically addressing stalking and harassment.
If you need help deciding which is the best option for you to pursue, contact an attorney that specializes in stalking and protective orders.
Tulsa Protective Order Lawyers
In Oklahoma, protective orders and stalking orders serve different purposes and apply in different situations. Protective orders are used to protect individuals from domestic abuse, harassment, and threats within specific relationships, while stalking orders protect anyone from stalking behaviors regardless of their relationship with the stalker. Understanding the distinctions between these orders is crucial for seeking the appropriate legal protection based on the circumstances.
Our team here at Tulsa County Lawyers Group will help you decide which option is best for you and help you file. If you need help, contact us today by calling (918) 379-4864 or reach us online for a consultation.
