False Stalking Charges in Tulsa are more than just a headache. One of the most vindictive things an ex-spouse or soon to be ex-spouse can do is accuse their partner of stalking. While there are many estranged spouses who do experience the victimization of stalkers, there are also spouses who use the protection order system to gain leverage in the divorce proceedings. Accusing their partner of stalking is one way to get a protective order. This is extremely detrimental to a spouse that has a protective order file against them. It puts financial strain on the spouse to maintain a new residence while still proving they are capable of providing for any potential children from the relationship. This article explores stalking crimes and how to avoid the charges.
Oklahoma’s Stalking Statutes
Title 21 of Oklahoma’s Criminal Statutes defines stalking under §1173. It is:
- following or harassing another person;
- to purposefully cause them in fear;
- of harm or injury.
Fighting false stalking charges begins by disproving the elements as set out above. These acts must be something that would put a reasonable person in fear. If they are outlandish accusations, then the stalking charge may not stick. However, you walk a fine line on social media. It is best to unfriend and delete your ex-spouse’s accounts from your social media to avoid any accusations that you stalk them online.
SEE OUR BLOG ARTICLE FOR INFORMATION ON PROTECTIVE ORDERS DURING A DIVORCE.
How a Conviction Effects You
A first offense is a misdemeanor crime. This means it may not remain on your permanent record. However, you could face fines reaching $1,000 and possible time in prison. If you are in a custody battle with your ex, this could cause significant problems. Having a protective order against you almost always puts prejudice on you that you are violent or unstable. Courts are highly suspect of parents with stalking convictions when it comes to awarding custody and visitation time. Further, if you spend time in prison, you may have to complete certain counseling or educational requirements to regain the ability to see your children.
Tulsa Protective Order Defense Attorneys on Your Side
False Stalking Charges isn’t something you want to leave to chance. Protective order and stalking orders against you cause all sorts of problems. Has your ex-spouse falsely accused you of stalking to get a leg up? Get a free consultation today by calling Tulsa Divorce Attorneys & Associates at 539-302-0303 or click this link to ask a free online legal question.