Okla. Stat. tit. 22, § 22-40.3

A. When the court is not open for business, the victim of

domestic violence, stalking, harassment, rape, forcible sodomy, a

sex offense, kidnapping or assault and battery with a deadly weapon

or member of the immediate family of a victim of first-degree murder

may request a petition for an emergency temporary order of

protection. The peace officer making the preliminary investigation

shall:

1. Provide the victim or member of the immediate family of a

victim of first-degree murder with a petition for an emergency

temporary order of protection and, if necessary, assist the victim

or member of the immediate family of a victim of first-degree murder

in completing the petition form. The petition shall be in

substantially the same form as provided by Section 60.2 of this

title for a petition for protective order in domestic abuse cases;

2. Immediately notify, by telephone or otherwise, a judge of

the district court of the request for an emergency temporary order

of protection and describe the circumstances. The judge shall

inform the peace officer of the decision to approve or disapprove

the emergency temporary order;

3. Inform the victim or member of the immediate family of a

victim of first-degree murder whether the judge has approved or

disapproved the emergency temporary order. If an emergency

temporary order has been approved, the peace officer shall provide

the victim, or a responsible adult if the victim is a minor child or

Oklahoma Statutes - Title 22. Criminal Procedure Page 52

an incompetent person or member of the immediate family of a victim

of first-degree murder, with a copy of the petition and a written

statement signed by the peace officer attesting that the judge has

approved the emergency temporary order of protection;

4. Notify the person subject to the emergency temporary

protection order of the issuance and conditions of the order, if

known. Notification pursuant to this paragraph may be made

personally by the peace officer upon arrest or, upon identification

of the assailant, notice shall be given by any law enforcement

officer. A copy of the petition and the statement of the peace

officer attesting to the order of the judge shall be made available

to the person; and

5. Make every attempt to serve the subject of the order and

complete a return of service when filing the petition with the

district court. If the peace officer is unable to obtain service,

the petition shall be filed by a peace officer with the district

court the next business day. The court clerk shall receive the

petition upon delivery by the peace officer and document the hearing

date and time assigned to the case as documented by the peace

officer. If the court clerk observes that service has not been

obtained, the petition shall still be filed by the court clerk and

issued to the appropriate office of the county sheriff to obtain

service with priority.

B. The forms utilized by law enforcement agencies in carrying

out the provisions of this section may be substantially similar to

those used under Section 60.2 of this title.