Okla. Stat. tit. 22, § 22-60.16

pressing charges - Warrantless arrests of certain persons -

Emergency temporary order of protection.

A. A peace officer shall not discourage a victim of domestic

abuse from pressing charges against the assailant of the victim.

B. 1. A peace officer may arrest without a warrant a person

anywhere, including a place of residence, if the peace officer has

probable cause to believe the person within the preceding seventy-

two (72) hours has committed an act of domestic abuse as defined by

Section 60.1 of this title, although the assault did not take place

in the presence of the peace officer. A peace officer may not

arrest a person pursuant to this section without first observing a

recent physical injury to, or an impairment of the physical

condition of, the alleged victim.

Oklahoma Statutes - Title 22. Criminal Procedure Page 101

2. An arrest, when made pursuant to this section, shall be

based on an investigation by the peace officer of the circumstances

surrounding the incident, past history of violence between the

parties, statements of any children present in the residence, and

any other relevant factors. A determination by the peace officer

shall be made pursuant to the investigation as to which party is the

dominant aggressor in the situation. A peace officer may arrest the

dominant aggressor.

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

domestic abuse may request a petition for an emergency temporary

order of protection. The peace officer making the preliminary

investigation shall:

1. Provide the victim with a petition for an emergency

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

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;

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 whether the judge has approved or

disapproved the emergency temporary order. If an emergency

temporary order has been approved, the officer shall provide the

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

incompetent person, with a copy of the petition and a written

statement signed by the officer attesting that the judge has

approved the emergency temporary order of protection and notify the

victim that the emergency temporary order shall be effective until

the date of the hearing set by the judge. The peace officer

requesting the order shall be notified by the judge of the date,

time, and courtroom location in which the hearing will be held. The

peace officer shall provide the victim and subject of the order with

a copy of the completed order and return the original order to the

district court;

4. Notify the person subject to the emergency temporary

protection order of the issuance and conditions of the order.

Notification pursuant to this paragraph may be made personally by

the officer or in writing. A copy of the petition and the statement

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

available to such person; and

5. File a copy of the petition and the statement of the peace

officer with the district court of the county immediately upon the

opening of the court on the next day the court is open for business.

The peace officer shall make every attempt to serve the subject of

the order and complete a return of service when filing the petition

Oklahoma Statutes - Title 22. Criminal Procedure Page 102

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 on the next business day. The court clerk shall
siness.

The peace officer shall make every attempt to serve the subject of

the order and complete a return of service when filing the petition

Oklahoma Statutes - Title 22. Criminal Procedure Page 102

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 on 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.

D. 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.