Physical Harm Typically Would Mean Violence
Video Transcribed: What is domestic abuse in Oklahoma? How is that defined, and what constitutes domestic abuse? Once again, I’m going to turn to Title 22 section 60.1, which contains the definitions for a lot of terms under the protective order statutes in Oklahoma.
Subsection two gives the definition for domestic abuse as any act of physical harm or the threat of immediate physical harm, which is committed by an adult, emancipated minor, or minor child 13 years of age or older against another adult, emancipated minor, or minor child who is currently or was previously an intimate partner or family or household member.
A couple of obvious points here. To be domestic abuse has to be done by somebody who is an adult, emancipated minor, or minor child 13 years of age or older. It has to be done against another adult, emancipated minor or minor child who is currently or was previously an intimate partner, family, or household member.
So in other words, you have to fit into one of those relationships and you have to be of minimum age. So if you beat up a stranger, it may be a crime, but it wouldn’t come under the definition of domestic abuse for the purposes of a protective order. Not that I would recommend doing that, mind you. Also, it’s important to note, it refers to physical harm.
So for example, if you threaten to sue somebody, even if it’s your spouse and even if it’s a really stupid comment, it does not meet this definition. It would have to be a threat like, “I will hurt you,” in order to meet this definition. Legal threats don’t count.
The legal threat could possibly come under harassment, but probably not there either because a legal threat essentially is intended to gain compliance through threatening to avail yourself of the legal process. And assuming that you had a legitimate gripe, then it does serve a legitimate purpose, at which point it doesn’t meet the definition of harassment either, but it’s definitely not domestic abuse because you’re not threatening physical harm.
Physical harm typically would mean violence, like I’m going to punch you, I’m going to kick you, I’m going to slap you. Something of that nature. That’s physical harm. So legal threats don’t count. Threats to call the police don’t count. It has to be a threat of some kind of violence or physical harm.
Now, if you do find yourself in a situation where you’re dealing with domestic violence or you’ve been accused of domestic violence, or if you have questions about anything we’ve talked about today, you should go to dads. law right away.