Okla. Stat. tit. 22, § 22-60.3
This is the official text of Okla. Stat. tit. 22, § 22-60.3, part of Oklahoma’s Stat. tit. 22, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 22,." Browse the sections below, each linked to its official government source.
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Emergency ex parte order and hearing - Emergency
Official statutory text
temporary ex parte order of protection.
A. If a plaintiff requests an emergency ex parte order pursuant
to Section 60.2 of this title, the court shall hold an ex parte
hearing on the same day the petition is filed, if the court finds
sufficient grounds within the scope of the Protection from Domestic
Abuse Act stated in the petition to hold such a hearing. The court
may, for good cause shown at the hearing, issue any emergency ex
parte order that it finds necessary to protect the victim from
immediate and present danger of domestic abuse, stalking, or
harassment. The emergency ex parte order shall be in effect until
after the full hearing is conducted. Provided, if the defendant,
after having been served, does not appear at the hearing, the
emergency ex parte order shall remain in effect until the defendant
is served with the permanent order. If the terms of the permanent
order are the same as those in the emergency order, or are less
restrictive, then it is not necessary to serve the defendant with
the permanent order. The Administrative Office of the Courts shall
develop a standard form for emergency ex parte protective orders.
B. An emergency ex parte protective order authorized by this
section shall include the name, sex, race, date of birth of the
defendant, and the dates of issue and expiration of the protective
order.
C. 1. If a plaintiff requests an emergency temporary ex parte
order of protection as provided by Section 40.3 of this title, the
judge who is notified of the request by a peace officer may issue
such order verbally to the officer or in writing when there is
reasonable cause to believe that the order is necessary to protect
the victim from immediate and present danger of domestic abuse.
When the order is issued verbally the judge shall direct the officer
to complete and sign a statement attesting to the order. The
emergency temporary ex parte order shall be in effect until the
court date that was assigned by the court during the approval of the
order. Emergency temporary ex parte orders shall be heard within
fourteen (14) days after issuance. The court shall provide a list
of available court dates for hearings.
2. The peace officer shall 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
Oklahoma Statutes - Title 22. Criminal Procedure Page 69
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. If an action for divorce, separate maintenance,
guardianship, adoption or any other proceeding involving custody or
visitation has been filed and is pending in a county different than
the county in which the emergency ex parte order was issued, the
hearing on the petition for a final protective order shall be
transferred and held in the same county in which the action for
divorce, separate maintenance, guardianship, adoption or any other
proceeding involving custody or visitation is pending.
A. If a plaintiff requests an emergency ex parte order pursuant
to Section 60.2 of this title, the court shall hold an ex parte
hearing on the same day the petition is filed, if the court finds
sufficient grounds within the scope of the Protection from Domestic
Abuse Act stated in the petition to hold such a hearing. The court
may, for good cause shown at the hearing, issue any emergency ex
parte order that it finds necessary to protect the victim from
immediate and present danger of domestic abuse, stalking, or
harassment. The emergency ex parte order shall be in effect until
after the full hearing is conducted. Provided, if the defendant,
after having been served, does not appear at the hearing, the
emergency ex parte order shall remain in effect until the defendant
is served with the permanent order. If the terms of the permanent
order are the same as those in the emergency order, or are less
restrictive, then it is not necessary to serve the defendant with
the permanent order. The Administrative Office of the Courts shall
develop a standard form for emergency ex parte protective orders.
B. An emergency ex parte protective order authorized by this
section shall include the name, sex, race, date of birth of the
defendant, and the dates of issue and expiration of the protective
order.
C. 1. If a plaintiff requests an emergency temporary ex parte
order of protection as provided by Section 40.3 of this title, the
judge who is notified of the request by a peace officer may issue
such order verbally to the officer or in writing when there is
reasonable cause to believe that the order is necessary to protect
the victim from immediate and present danger of domestic abuse.
When the order is issued verbally the judge shall direct the officer
to complete and sign a statement attesting to the order. The
emergency temporary ex parte order shall be in effect until the
court date that was assigned by the court during the approval of the
order. Emergency temporary ex parte orders shall be heard within
fourteen (14) days after issuance. The court shall provide a list
of available court dates for hearings.
2. The peace officer shall 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
Oklahoma Statutes - Title 22. Criminal Procedure Page 69
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. If an action for divorce, separate maintenance,
guardianship, adoption or any other proceeding involving custody or
visitation has been filed and is pending in a county different than
the county in which the emergency ex parte order was issued, the
hearing on the petition for a final protective order shall be
transferred and held in the same county in which the action for
divorce, separate maintenance, guardianship, adoption or any other
proceeding involving custody or visitation is pending.
Status: in_force · Read it on the official government site
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