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  1. #1
    Join Date
    May 2008
    Posts
    1

    Default Non Family Restraining Order?

    My question involves restraining orders in the State of: Oklahoma

    9 months ago my husband confessed to a long term affair which he said was over. The other woman called me and left a message apologizing and saying I could call her anytime. I responded with a message asking for her email address. She texted me her mailing address and I sent her a letter, basically lamblasting her for the affair. 3 months later I sent her a text asking a question. No response. A month after that, I left a voice mail asking a question. No response, but she called my husband and complained, and said she never told me I could call her. My husband made me promise to never contact her again. Last week my husband and I had been fighting over the affair and I impulsively called the other woman, got her voice mail and called her a name. I hid my phone number from her caller ID. She called my husband the next day and said she was going to file a protective order against me. When he confronted me I lied and said I never called her. He called her to tell her it wasnt' me and she said she recognized my voice and was going ahead with the protective order. I suppose she could get a request for my phone records and prove I called her, but would a judge really issue a restraining order against me? Will I have to go to court? Will it go on my record?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,080

    Default Re: Non Family Restraining Order?

    If you are harassing her, yes, she can get a restraining order against you.

    Stop calling her and it will go away.

  3. #3

    Default Re: Non Family Restraining Order?

    If she goes further and files a police report, you're looking at a misdemeanor for a first offence, and FELONIES for subsequent offenses. Your problem is with your husband. Deal with it THERE.

    From Oklahoma statutes:

    Harassment

    § 21-1172. Obscene, threatening or harassing telephone calls--Penalty. 1969. Amended 1999.


    A. It shall be unlawful for a person who, by means of a telephone, willfully either:

    1. Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent;

    2. Makes a telephone call, whether or not conversation ensues, with intent to put the party called in fear of physical harm or death;

    3. Makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number;

    4. Knowingly permits any telephone under his control to be used for any purpose prohibited by this section; and

    5. In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number(s).

    B. Use of a telephone facility under this section shall include all use made of such a facility between the points of origin and reception. Any offense under this act is a continuing offense and shall be deemed to have been committed at either the place of origin or the place of reception.

    C. Except as provided in subsection D of this section, any person who is convicted of the provisions of subsection A of this section, shall be guilty of a misdemeanor.

    D. Any person who is convicted of a second offense under this section shall be guilty of a felony.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

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