Okla. Stat. tit. 22, § 22-60.4v1

temporary order, petition for protective order and notice of hearing

- Full hearing - Final protective order.

A. 1. A copy of a petition for a protective order, any notice

of hearing and a copy of any emergency temporary order or emergency

ex parte order issued by the court shall be served upon the

defendant in the same manner as a bench warrant. In addition, if

the service is to be in another county, the court clerk may issue

service to the sheriff by facsimile or other electronic transmission

for service by the sheriff and receive the return of service from

the sheriff in the same manner. Any fee for service of a petition

for protective order, notice of hearing, and emergency ex parte

order shall only be charged pursuant to subsection C of Section 60.2

of this title and, if charged, shall be the same as the sheriff’s

service fee plus mileage expenses.

2. Emergency temporary orders, emergency ex parte orders and

notice of hearings shall be given priority for service and can be

served twenty-four (24) hours a day when the location of the

defendant is known, including service to the county jail if the

Oklahoma Statutes - Title 22. Criminal Procedure Page 70

defendant is currently in custody. The initial attempt at service

shall be made within twenty-four (24) hours of the issuance of the

order. When service cannot be made upon the defendant by the

sheriff, the sheriff may contact another law enforcement officer or

a private investigator or private process server to serve the

defendant.

3. An emergency temporary order, emergency ex parte order, a

petition for protective order, and a notice of hearing shall have

statewide validity and may be transferred to any law enforcement

jurisdiction to effect service upon the defendant. The sheriff may

transmit the document by electronic means.

4. The return of service shall be submitted to the sheriff’s

office or court clerk in the court where the petition, notice of

hearing or order was issued.

5. When the defendant is a minor child who is ordered removed

from the residence of the victim, in addition to those documents

served upon the defendant, a copy of the petition, notice of hearing

and a copy of any temporary order or ex parte order issued by the

court shall be delivered with the child to the caretaker of the

place where such child is taken pursuant to Section 2-2-101 of Title

10A of the Oklahoma Statutes.

B. 1. Within fourteen (14) days of the filing of the petition

for a protective order, the court shall schedule a full hearing on

the petition, 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, regardless of whether an emergency temporary

order or ex parte order has been previously issued, requested or

denied. Provided, however, when the defendant is a minor child who

has been removed from the residence pursuant to Section 2-2-101 of

Title 10A of the Oklahoma Statutes, the court shall schedule a full

hearing on the petition within seventy-two (72) hours, regardless of

whether an emergency temporary order or ex parte order has been

previously issued, requested or denied.

2. The court may schedule a full hearing on the petition for a

protective order within seventy-two (72) hours when the court issues

an emergency temporary order or ex parte order suspending child

visitation rights due to physical violence or threat of abuse.

3. If service has not been made on the defendant at the time of

the hearing, the court shall, at the request of the petitioner,

issue a new emergency order reflecting a new hearing date and direct

service to issue.

4. A petition for a protective order shall, upon the request of

the petitioner, renew every fourteen (14) days with a new hearing

date assigned until the defendant is served. A petition for a

protective order shall not expire unless the petitioner fails to
the court shall, at the request of the petitioner,

issue a new emergency order reflecting a new hearing date and direct

service to issue.

4. A petition for a protective order shall, upon the request of

the petitioner, renew every fourteen (14) days with a new hearing

date assigned until the defendant is served. A petition for a

protective order shall not expire unless the petitioner fails to

appear at the hearing or fails to request a new order. A petitioner

Oklahoma Statutes - Title 22. Criminal Procedure Page 71

may move to dismiss the petition and emergency or final order at any

time; however, a protective order must be dismissed by court order.

5. Failure to serve the defendant shall not be grounds for

dismissal of a petition or an ex parte order unless the victim

requests dismissal or fails to appear for the hearing thereon.

6. A final protective order shall be granted or denied within

six (6) months of service on the defendant unless all parties agree

that a temporary protective order remain in effect; provided, a

victim shall have the right to request a final protective order

hearing at any time after the passage of six (6) months.

C. 1. At the hearing, the court may impose any terms and

conditions in the protective order that the court reasonably

believes are necessary to bring about the cessation of domestic

abuse against the victim or stalking or harassment of the victim or

the immediate family of the victim but shall not impose any term and

condition that may compromise the safety of the victim including,

but not limited to, mediation, couples counseling, family

counseling, parenting classes or joint victim-offender counseling

sessions. The court may order the defendant to obtain domestic

abuse counseling or treatment in a program certified by the Attorney

General at the expense of the defendant pursuant to Section 644 of

Title 21 of the Oklahoma Statutes.

2. If the court grants a protective order and the defendant is

a minor child, the court shall order a preliminary inquiry in a

juvenile proceeding to determine whether further court action

pursuant to the Oklahoma Juvenile Code should be taken against a

juvenile defendant.

D. Final protective orders authorized by this section shall be

on a standard form developed by the Administrative Office of the

Courts.

E. 1. After notice and hearing, protective orders authorized

by this section may require the defendant to undergo treatment or

participate in the court-approved counseling services necessary to

bring about cessation of domestic abuse against the victim pursuant

to Section 644 of Title 21 of the Oklahoma Statutes but shall not

order any treatment or counseling that may compromise the safety of

the victim including, but not limited to, mediation, couples

counseling, family counseling, parenting classes or joint victim-

offender counseling sessions.

2. The defendant may be required to pay all or any part of the

cost of such treatment or counseling services. The court shall not

be responsible for such cost.

3. Should the plaintiff choose to undergo treatment or

participate in court-approved counseling services for victims of

domestic abuse, the court may order the defendant to pay all or any

part of the cost of such treatment or counseling services if the

court determines that payment by the defendant is appropriate.

Oklahoma Statutes - Title 22. Criminal Procedure Page 72

F. When necessary to protect the victim and when authorized by

the court, protective orders granted pursuant to the provisions of

this section may be served upon the defendant by a peace officer,

sheriff, constable, or policeman or other officer whose duty it is

to preserve the peace, as defined by Section 99 of Title 21 of the

Oklahoma Statutes.

G. 1. Any protective order issued on or after November 1,

2012, pursuant to subsection C of this section shall be:

a. for a fixed period not to exceed a period of five (5)
of

this section may be served upon the defendant by a peace officer,

sheriff, constable, or policeman or other officer whose duty it is

to preserve the peace, as defined by Section 99 of Title 21 of the

Oklahoma Statutes.

G. 1. Any protective order issued on or after November 1,

2012, pursuant to subsection C of this section shall be:

a. for a fixed period not to exceed a period of five (5)

years unless extended, modified, vacated or rescinded

upon motion by either party or if the court approves

any consent agreement entered into by the plaintiff

and defendant; provided, if the defendant is

incarcerated, the protective order shall remain in

full force and effect during the period of

incarceration. The period of incarceration, in any

jurisdiction, shall not be included in the calculation

of the five-year time limitation, or

b. continuous upon a specific finding by the court of one

of the following:

(1) the person has a history of violating the orders

of any court or governmental entity,

(2) the person has previously been convicted of a

violent felony offense,

(3) the person has a previous felony conviction for

stalking as provided in Section 1173 of Title 21

of the Oklahoma Statutes,

(4) a court order for a final Victim Protection Order

has previously been issued against the person in

this state or another state, or

(5) the victim provides proof that a continuous

protective order is necessary for his or her

protection.

Further, the court may take into consideration whether the person

has a history of domestic violence or a history of other violent

acts. The protective order shall remain in effect until modified,

vacated or rescinded upon motion by either party or if the court

approves any consent agreement entered into by the plaintiff and

defendant. If the defendant is incarcerated, the protective order

shall remain in full force and effect during the period of

incarceration.

2. The court shall notify the parties at the time of the

issuance of the protective order of the duration of the protective

order.

3. Upon the filing of a motion by either party to modify,

extend, or vacate a protective order, a hearing shall be scheduled

Oklahoma Statutes - Title 22. Criminal Procedure Page 73

and notice given to the parties. At the hearing, the issuing court

may take such action as is necessary under the circumstances.

4. If a child has been removed from the residence of a parent

or custodial adult because of domestic abuse committed by the child,

the parent or custodial adult may refuse the return of such child to

the residence unless, upon further consideration by the court in a

juvenile proceeding, it is determined that the child is no longer a

threat and should be allowed to return to the residence.

H. 1. It shall be unlawful for any person to knowingly and

willfully seek a protective order against a spouse or ex-spouse

pursuant to the Protection from Domestic Abuse Act for purposes of

harassment, undue advantage, intimidation, or limitation of child

visitation rights in any divorce proceeding or separation action

without justifiable cause.

2. The violator shall, upon conviction thereof, be guilty of a

misdemeanor punishable by imprisonment in the county jail for a

period not exceeding one (1) year or by a fine not to exceed Five

Thousand Dollars ($5,000.00), or by both such fine and imprisonment.

3. A second or subsequent conviction under this subsection

shall be a felony punishable by imprisonment in the custody of the

Department of Corrections for a period not to exceed two (2) years,

or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by

both such fine and imprisonment.

I. 1. A protective order issued under the Protection from

Domestic Abuse Act shall not in any manner affect title to real

property, purport to grant to the parties a divorce or otherwise

purport to determine the issues between the parties as to child
for a period not to exceed two (2) years,

or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by

both such fine and imprisonment.

I. 1. A protective order issued under the Protection from

Domestic Abuse Act shall not in any manner affect title to real

property, purport to grant to the parties a divorce or otherwise

purport to determine the issues between the parties as to child

custody, visitation or visitation schedules, child support or

division of property or any other like relief obtainable pursuant to

Title 43 of the Oklahoma Statutes, except child visitation orders

may be temporarily suspended or modified to protect from threats of

abuse or physical violence by the defendant or a threat to violate a

custody order. Orders not affecting title may be entered for good

cause found to protect an animal owned by either of the parties or

any child living in the household.

2. When granting any protective order for the protection of a

minor child from violence or threats of abuse, the court shall allow

visitation only under conditions that provide adequate supervision

and protection to the child while maintaining the integrity of a

divorce decree or temporary order.

J. 1. In order to ensure that a petitioner can maintain an

existing wireless telephone number or household utility account, the

court, after providing notice and a hearing, may issue an order

directing a wireless service provider or public utility provider to

transfer the billing responsibility for and rights to the wireless

telephone number or numbers of any minor children in the care of the

petitioning party or household utility account to the petitioner if

Oklahoma Statutes - Title 22. Criminal Procedure Page 74

the petitioner is not the wireless service or public utility account

holder.

2. The order transferring billing responsibility for and rights

to the wireless telephone number or numbers or household utility

account to the petitioner shall list the name and billing telephone

number of the account holder, the name and contact information of

the person to whom the telephone number or numbers or household

utility account will be transferred and each telephone number or

household utility to be transferred to that person. The court shall

ensure that the contact information of the petitioner is not

provided to the account holder in proceedings held under this

subsection.

3. Upon issuance, a copy of the final order of protection shall

be transmitted, either electronically or by certified mail, to the

registered agent of the wireless service provider or public utility

provider listed with the Secretary of State or Corporation

Commission of Oklahoma or electronically to the email address

provided by the wireless service provider or public utility

provider. Such transmittal shall constitute adequate notice for the

wireless service provider or public utility provider.

4. If the wireless service provider or public utility provider

cannot operationally or technically effectuate the order due to

certain circumstances, the wireless service provider or public

utility provider shall notify the petitioner. Such circumstances

shall include, but not be limited to, the following:

a. the account holder has already terminated the account,

b. the differences in network technology prevent the

functionality of a mobile device on the network, or

c. there are geographic or other limitations on network

or service availability.

5. Upon transfer of billing responsibility for and rights to a

wireless telephone number or numbers or household utility account to

the petitioner under the provisions of this subsection by a wireless

service provider or public utility provider, the petitioner shall

assume all financial responsibility for the transferred wireless

telephone number or numbers or household utility account, monthly

service and utility billing costs and costs for any mobile device
ess telephone number or numbers or household utility account to

the petitioner under the provisions of this subsection by a wireless

service provider or public utility provider, the petitioner shall

assume all financial responsibility for the transferred wireless

telephone number or numbers or household utility account, monthly

service and utility billing costs and costs for any mobile device

associated with the wireless telephone number or numbers. The

wireless service provider or public utility provider shall have the

right to pursue the original account holder for purposes of

collecting any past due amounts owed to the wireless service

provider or public utility provider.

6. The provisions of this subsection shall not preclude a

wireless service provider or public utility provider from applying

any routine and customary requirements for account establishment to

the petitioner as part of this transfer of billing responsibility

for a household utility account or for a wireless telephone number

Oklahoma Statutes - Title 22. Criminal Procedure Page 75

or numbers and any mobile devices attached to that number including,

but not limited to, identification, financial information and

customer preferences.

7. The provisions of this subsection shall not affect the

ability of the court to apportion the assets and debts of the

parties as provided for in law or the ability to determine the

temporary use, possession and control of personal property.

8. No cause of action shall lie against any wireless service

provider or public utility provider, its officers, employees or

agents for actions taken in accordance with the terms of a court

order issued under the provisions of this subsection.

9. As used in this subsection:

a. “wireless service provider” means a provider of

commercial mobile service under Section 332(d) of the

federal Telecommunications Act of 1996,

b. “public utility provider” means every corporation

organized or doing business in this state that owns,

operates or manages any plant or equipment for the

manufacture, production, transmission, transportation,

delivery or furnishing of water, heat or light with

gas or electric current for heat, light or power, for

public use in this state, and

c. “household utility account” shall include utility

services for water, heat, light, power or gas that are

provided by a public utility provider.

K. 1. A court shall not issue any mutual protective orders.

2. If both parties allege domestic abuse by the other party,

the parties shall do so by separate petitions. The court shall

review each petition separately in an individual or a consolidated

hearing and grant or deny each petition on its individual merits.

If the court finds cause to grant both motions, the court shall do

so by separate orders and with specific findings justifying the

issuance of each order.

3. The court may only consolidate a hearing if:

a. the court makes specific findings that:

(1) sufficient evidence exists of domestic abuse,

stalking, harassment or rape against each party,

and

(2) each party acted primarily as aggressors,

b. the defendant filed a petition with the court for a

protective order no less than three (3) days, not

including weekends or holidays, prior to the first

scheduled full hearing on the petition filed by the

plaintiff, and

c. the defendant had no less than forty-eight (48) hours

of notice prior to the full hearing on the petition

filed by the plaintiff.

Oklahoma Statutes - Title 22. Criminal Procedure Page 76

L. The court may allow a plaintiff or victim to be accompanied

by a victim support person at court proceedings. A victim support

person shall not make legal arguments; however, a victim support

person who is not a licensed attorney may offer the plaintiff or

victim comfort or support and may remain in close proximity to the

plaintiff or victim.