Heather Lauren Kite and Minor Chidren v. Jessica Lynn Culbertson

Oklahoma City, Oklahoma, family law lawyers represented the parties in a protective order matter.



Heather Kite, and the appellant, Jessica Culbertson got into a physical altercation, Kite sought a Victim's Protection Order (VPO) against Culbertson, in the District Court of Oklahoma County. Culbertson was the live-in girlfriend of the father of Kite's two children with whom Kite shares joint custody. The trial court granted a VPO, prohibiting Culbertson from contact with Kite or her children for five years. Culbertson appealed, arguing that the trial court erred in issuing the VPO.



The Act allows certain people to seek relief. Adults and any minor age sixteen or seventeen may seek relief if they are: 1) a victim of domestic abuse; 2) a victim of stalking; 3) a victim of harassment; 4) a victim of rape; or 5) a victim of a crime. An adult or emancipated minor household member may seek relief on behalf of any other family or household member who is a minor or incompetent.



The Act does not appear to require a criminal conviction to determine what constitutes a "crime." Nor does it reference "abuse" in terms of child abuse which is defined in the Oklahoma Children's Code at 10A O.S. 1-1-105 as "harm or threatened harm to the health, safety, or welfare of a child by a person responsible for the child's health, safety, or welfare."13 It does, however, define domestic abuse and harassment.14 Domestic abuse is defined, as:



2. "Domestic abuse" means any act of physical harm or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (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;



Harassment is defined as:



5. "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 violation of Section 1172 of Title 21 of the Oklahoma Statutes and fear of death or bodily injury;



Both domestic abuse and harassment refer to family and household members



which are defined as:



3. "Family or household members" means:

a. parents, including grandparents, stepparents, adoptive parents and foster parents,

b. children, including grandchildren, stepchildren, adopted children and foster children,

c. persons otherwise related by blood or marriage living in the same household,

d. persons otherwise related by blood or marriage, or

e. persons not related by blood or marriage living in the same household;



7. "Living in the same household" means:

a. persons who regularly reside in the same single- dwelling unit,

b. persons who resided in the same single-dwelling unit within the past year, or

c. persons who have individual lease agreements whereby each person has his or her own private bedroom and shares the common areas;



¶18 The Act is broadly written to effectuate its purpose. This is evidenced by 22 O.S. Supp. 2022 §60.2 which expressly allows any adult victim of a crime or any adult on behalf of any other family member who is a minor to seek relief under the Act.15 Nevertheless, the broadness of the Act does not diminish its serious consequences. Nor should it be used to harass or for other reason than its intended purpose.16

The Act's purpose is to prevent harm, and provide immediate relief for victims of domestic abuse, stalking harassment, or rape.28 The purpose is aimed at stopping violent and harassing behavior before it happens, and to protect a person or their family from the person causing harm.29 We review proceedings under the Act for an abuse of discretion,30 examining the evidence and reversing only if the trial court's decision is clearly against the evidence or is contrary to a governing principle of law.31 Because we do not find the trial court's conclusions and judgment were clearly erroneous, against reason and evidence, we affirm the trial court.