Skip to main content

Subchapter 4 DOMESTIC ABUSE Revised

This subchapter is included in your selections.
This section is included in your selections.

As used in this Act:

A. Dating relationship” means a courtship or engagement relationship. For purposes of this Act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;

B. Domestic abuse” means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, judicially decreed emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who are family or household members or who are or were or whose parents are or were in a dating relationship;

C. Family or household members” means:

1. Spouses;

2. Ex spouses;

3. Present spouses of ex-spouses;

4. Parents, including grandparents, stepparents, adoptive parents and foster parents;

5. Children, including grandchildren, stepchildren, adopted children and foster children;

6. Persons otherwise related by blood or marriage;

7. Persons living in the same household or who formerly lived in the same household; and

8. Persons who are the biological parents of the same child, regardless of their marital status, or whether they have lived together at any time. This shall include the elderly and handicapped;

D. Foreign protective order” means any valid order of protection issued by a court of another state or a tribal court;

E. Harassment” means 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 which seriously alarms or annoys the person, and which serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial distress to the person. “Harassment” shall include, but not be limited to, harassing or obscene telephone calls in and fear of death or bodily injury;

F. Mutual protective order” means a final protective order or orders issued to both a plaintiff who has filed a petition for a protective order and a defendant included as the defendant in the plaintiff’s petition restraining the parties from committing domestic violence, stalking, harassment or rape against each other. If both parties allege domestic abuse, violence, stalking, harassment or rape against each other, the parties shall do so by separate petition;

G. Rape” means rape and rape by instrumentation in violation of the Osage Nation Code;

H. Stalking” means the willful, malicious, and repeated following or harassment via personal, telephonic, internet, texted, or other electronic means of a person by an adult, judicially decreed emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes 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:

1. Following or appearing within the sight of that individual;

2. Approaching or confronting that individual in a public place or on private property;

3. Appearing at the workplace or residence of that individual;

4. Entering onto or remaining on property owned, leased, or occupied by that individual;

5. Contacting that individual by telephone;

6. Sending mail or electronic communications to that individual; or

7. Placing an object on, or delivering an object to, property owned, leased or occupied by that individual;

I. Victim support person” means a person affiliated with a certified domestic violence or sexual assault program, certified by the Attorney General or certified by a recognized Native American Tribe if operating mainly within tribal lands, who provides support and assistance for a person who files a petition under this Act. ONCA 12-52, eff. Apr. 19, 2012.