WHAT IS A PROTECTIVE ORDER?
A protective order is an order of the court on behalf of a domestic abuse, harassment, or stalking victim for the abuser to stop hurting, threatening, and harassing and stalking the victim. In some cases, it may also order the abuser to move out of the home that is shared.
WHO IS ELIGIBLE?
If any of the following relationships apply between yourself and the person you want to file an EPO against, then you will qualify to request the court for an Emergency Protective Order:
- Parent & Child
- Persons Related by Blood
- Persons Related by Marriage
- Present Spouse of an Ex-Spouse
- Persons Living Same Household
- Formerly Living in Same Household
- Biological Parents of Same Child
- Persons in a Previous Dating Relationship
- Victim of Rape
If one or more of the relationships listed above apply in your situation, a Protective Order can be requested:
- If someone has caused or attempted to cause physical harm to you
- If someone has threatened imminent physical harm to you
- If someone is harassing you
- If someone is stalking you.
If you do not meet one of the above relationship tests then a protective order is only available if you are a victim of Stalking. If you are seeking a protective order as a victim of Stalking, and you do not meet one of the above relationship tests, you must have filed a complaint against the defendant with the proper law enforcement agency before filing a Petition for Protective Order. A copy of the complaint to law enforcement must be attached or provided to the court at the hearing.
If the victim is a child under the age of 16 or is legally incompetent, another adult member of the household can file for him or her.
To file the EPO: Go to Wings of Hope Family Crisis Services. An advocate will assist you in completing the required forms to request an EPO. After the forms are completed you will then take them to the Payne County Courthouse, located at 6th and Husband, to Court Clerk’s office, room 207. If granted by the Judge a court date will be set for a hearing. You are required to appear for that hearing or the protective order will be dismissed.