(405) 232-2444 | info@bedlamlaw.com GoogleIcon

Bedlam Law

Bedlam Law
  • Home
  • About
    • John A. Alberts
    • David P. Henry
    • Scott Kedy
    • Paulette Rice
    • Lisa Hester
    • Stephanie Davis
    • Christie Wright
    • Garrett Coats
  • Family Law
    • Divorce
    • Child Custody
    • Alimony
  • Estate Planning
    • Wills & Trusts
    • Probate
    • Guardianships
  • Criminal Law
    • DUI
    • Other Charges
    • Expungements
  • Mediation
  • Testimonials
    • Bedlam Blitz
  • Video
  • Resource Center
  • Contact

Home » Bedlam Blitz » Is Following Your Spouse A Crime?

Is Following Your Spouse A Crime?

February 15, 2019
Bedlam Law

My first job was in the Kay County District Attorney Office in Newkirk, Oklahoma. Part of my caseload was the prosecution of different types of crimes involving domestic violence.

My best day as a prosecutor was when First Assistant District Attorney James Emig and I put Timothy Wayne Lambert in prison for 1,600 years for touching four little girls. I have always been a strong advocate against domestic violence and child abuse.

Over the years I have seen the laws in Oklahoma evolve to offer more protection for victims. In 2018 another step was taken to protect victims by the passage of House Bill 3260. This bill added paragraph six (6) to Title 21, Section 1173 of the Oklahoma Statutes which now defines words like “harasses”, “unconsented contact” and most recently “following.”

The amendment added the language, “Following shall include the tracking of the movement or location of an individual through the use of a Global Posting System (GPS) device or other monitoring device by a person, or person who acts on behalf of another, without the consent of the individual whose movement or location is being tracked.”

The law seems to make illegal the following by one spouse of another unless you have consent. You cannot track or follow your significant other to check up on them according to my reading of the new law. So, this law leaves me asking, can a parent follow a child by tracking their cell phone? Could you check your spouse’s location with OnStar?

The answer to these questions and other similar questions then becomes, what is consent? Will you need a consent form from your eighteen (18) year old high school senior who is on your cell phone plan?

When new laws are passed, scenarios present themselves that may not be clear in the statute. In those situations, it is left up to a judge to interpret the law and then apply it to the particular fact pattern pending in their courtroom.

Over the years I have had dozens of conversations about having a spouse followed in divorce cases. My advice to clients in divorce cases is, do not “follow” your spouse. Do not follow a spouse by GPS, cell phone or hired private detective. Depending on your situation you could be committing a crime. I feel the legislature intended to increase protection for victims. Does this provision go too far? I would be interested to hear your thoughts about this new law.

John Alberts is a Yukon attorney. He can be reached at 405-232-2444.

Share this on...Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
Linkedin
Share on google
Google
Share on email
Email

Filed Under: Uncategorized

Search

Contact Information

Bedlam Law
1617 Professional Circle
Yukon, Oklahoma 73099
Phone: (405) 232-2444
Email: info@bedlamlaw.com

Special Report

Special Report

Avoid the Bedlam: 10 Key Steps You Must Take to Prepare for Divorce


Click below to download now!

Download

Newsletter

Sign up for our free monthly newsletter to get breaking news, resources, and practical Family and Estate Planning tips delivered straight to your inbox!
  • This field is for validation purposes and should be left unchanged.

Categories

  • Uncategorized

Recent Posts

  • HOW IS A VISITATION SCHEDULE DETERMINED IN A DIVORCE OR PATERNITY CASE?
  • 10 Tactics To Use For A Resolution Minded Divorce
  • 12 Tips For Staying In A Relationship With A Mentally Ill Partner

Social Media

Contact Us

  • This field is for validation purposes and should be left unchanged.

1617 Professional Circle
Yukon, Oklahoma 73099
(405) 232-2444
info@bedlamlaw.com

  • Home
  • About
  • Family Law
  • Estate Planning
  • Testimonials
  • Bedlam Blitz
  • Contact
  • Free Resource
  • Newsletter
  • Privacy Policy
  • Disclaimer
Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Click here to see the full disclamer
Areas We Serve: Oklahoma City | Chickasha | Norman | Shawnee | Guthrie
Copyright 2023 Bedlam Law