
By Lloyd Benedict
Over the past few years, I have written about the various legal means to protect our furry and helpless little friends, hoping to educate readers about how to maintain and protect their pets within the bounds of the law. It is a privilege to own a pet, and not a right. There are many animal laws that must be followed and consequences when they are not.
Despite the consequences, Tulsa has historically, in my opinion, been weak on law enforcement against the violators of animal laws compared to other cities in similar size throughout the country.
This inadequacy is not just my observation. Our lawmakers have known for many years that laws protecting animals ultimately require a slow process within the Courts to bring about protecting our pets, especially when the pets’ safety may require immediate action.
An example is the typical “mean neighbor” situation. You know the drill. The neighbor torments your dog and you finally decide to peacefully confront him to request an end to the abuse. The neighbor threatens you and your pet. Now fearing for your safety as well as your pets, you decide to call the police, but they are slow to respond because nothing has actually happened other than a threat. Now what? Another common scenario is when you are in a rocky relationship and you fear your significant other will become abusive to not only you but to your pet. Threats are made and you are now in fear of eminent harm. Now what? November 1, 2010, Oklahoma lawmakers addressed this problem when they amended the law to allow Protection Orders for human victims to include the victim’s pets. Oklahoma Protective Order Statute, Title 22 § 60.2, states: (edited for readability with the amended portion in bold) A. A victim of domestic abuse, a victim of stalking, a victim of harassment…
….The person seeking relief shall prepare the (protection order) petition or, at the request of the plaintiff, the court clerk or the victim-witness coordinator, victim support person, and court case manager shall prepare or assist the plaintiff in preparing the petition.
…The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The court may order the defendant to make no contact with the animal and forbid the defendant from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
It appears that Protective Orders would not be issued solely to protect pets. The person seeking the Protective Order may “further request” the Court to include protection for their animal, following their belief that they are in danger of harm. It is then up to the Judge to hear the victim’s testimony and determine whether a real threat exists.
This statute incorporates the use of the Emergency Temporary Protective Order law which allows the victim seeking protection for them and their pet to possibly obtain immediate protection until the matter is heard before a Judge.
I contacted the Tulsa County District Court to learn how popular the added pet protection order has been. One of the judges’ clerks that handles protective orders said pet protection is becoming more frequent. She said one of the Judges has placed the name of the pet or pets in his order, providing specific protection for those pets. Additionally, she said the Judge is proactively asking victims (if not in the original request) if there is threat of harm against their pet(s).
The Tulsa District Court is not just looking out for us, but for our furry family members, too.
Over the past few years, I have written about the various legal means to protect our furry and helpless little friends, hoping to educate readers about how to maintain and protect their pets within the bounds of the law. It is a privilege to own a pet, and not a right. There are many animal laws that must be followed and consequences when they are not.
Despite the consequences, Tulsa has historically, in my opinion, been weak on law enforcement against the violators of animal laws compared to other cities in similar size throughout the country.
This inadequacy is not just my observation. Our lawmakers have known for many years that laws protecting animals ultimately require a slow process within the Courts to bring about protecting our pets, especially when the pets’ safety may require immediate action.
An example is the typical “mean neighbor” situation. You know the drill. The neighbor torments your dog and you finally decide to peacefully confront him to request an end to the abuse. The neighbor threatens you and your pet. Now fearing for your safety as well as your pets, you decide to call the police, but they are slow to respond because nothing has actually happened other than a threat.
Now what? Another common scenario is when you are in a rocky relationship and you fear your significant other will become abusive to not only you but to your pet. Threats are made and you are now in fear of eminent harm. Now what? November 1, 2010, Oklahoma lawmakers addressed this problem when they amended the law to allow Protection Orders for human victims to include the victim’s pets. Oklahoma Protective Order Statute, Title 22 § 60.2, states: (edited for readability with the amended portion in bold) A. A victim of domestic abuse, a victim of stalking, a victim of harassment…
….The person seeking relief shall prepare the (protection order) petition or, at the request of the plaintiff, the court clerk or the victim-witness coordinator, victim support person, and court case manager shall prepare or assist the plaintiff in preparing the petition.
…The person seeking a protective order may further request the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner, defendant or minor child residing in the residence of the petitioner or defendant. The court may order the defendant to make no contact with the animal
and forbid the defendant from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
It appears that Protective Orders would not be issued solely to protect pets. The person seeking the Protective Order may “further request” the Court to include protection for their animal, following their belief that they are in danger of harm. It is then up to the Judge to hear the victim’s testimony and determine whether a real threat exists.
This statute incorporates the use of the Emergency Temporary Protective Order law which allows the victim seeking protection for them and their pet to possibly obtain immediate protection until the matter is heard before a Judge.
I contacted the Tulsa County District Court to learn how popular the added pet protection order has been. One of the judges’ clerks that handles protective orders said pet protection is becoming more frequent. She said one of the Judges has placed the name of the pet or pets in his order, providing specific protection for those pets. Additionally, she said the Judge is proactively asking victims (if not in the original request) if there is threat of harm against their pet(s).
The Tulsa District Court is not just looking out for us, but for our furry family members, too.
Lloyd Benedict is a principal in the Benedict Law Office, Tulsa, and is a member of the Tulsa County Bar Association Animal Committee.




The holidays are always a very special time for me and my family and my pets. Immediately after Thanksgiving we turn the house into a winter wonderland, and when all the decorations are up there’s festivity in the air that we all can feel, including my dogs Sam & Elmer. I do believe they sense it’s a special time of year.
























