Okla. Stat. tit. 22, § 22-60.6v2

protective order - Penalties.

A. Except as otherwise provided by this section, any person

who:

1. Has been served with an emergency temporary, ex parte or

final protective order or foreign protective order and is in

violation of such protective order, upon conviction, shall be guilty

of a misdemeanor and shall be punished by a fine of not more than

One Thousand Dollars ($1,000.00) or by a term of imprisonment in the

county jail of not more than one (1) year, or by both such fine and

imprisonment; and

2. After a previous conviction of a violation of a protective

order, is convicted of a second or subsequent offense pursuant to

the provisions of this section shall, upon conviction, be guilty of

a Class D1 felony offense and shall be punished by a term of

imprisonment as provided for in subsections B through F of Section

20N of Title 21 of the Oklahoma Statutes, or by a fine of not less

than Two Thousand Dollars ($2,000.00) nor more than Ten Thousand

Dollars ($10,000.00), or by both such fine and imprisonment.

B. 1. Any person who has been served with an emergency

temporary, ex parte or final protective order or foreign protective

order who violates the protective order and causes physical injury

or physical impairment to the plaintiff or to any other person named

in said protective order shall, upon conviction, be guilty of a

misdemeanor and shall be punished by a term of imprisonment in the

county jail for not less than twenty (20) days nor more than one (1)

year. In addition to the term of imprisonment, the person may be

punished by a fine not to exceed Five Thousand Dollars ($5,000.00).

2. Any person who is convicted of a second or subsequent

violation of a protective order which causes physical injury or

physical impairment to a plaintiff or to any other person named in

the protective order shall be guilty of a Class D1 felony offense

and shall be punished by a term of imprisonment in the custody of

the Department of Corrections of not less than one (1) year nor more

than five (5) years, or by a fine of not less than Three Thousand

Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00),

or by both such fine and imprisonment.

Oklahoma Statutes - Title 22. Criminal Procedure Page 89

3. In determining the term of imprisonment required by this

section, the jury or sentencing judge shall consider the degree of

physical injury or physical impairment to the victim.

4. The provisions of this subsection shall not affect the

applicability of Sections 644, 645, 647 and 652 of Title 21 of the

Oklahoma Statutes.

C. The minimum sentence of imprisonment issued pursuant to the

provisions of paragraph 2 of subsection A and paragraph 2 of

subsection B of this section shall not be subject to statutory

provisions for suspended sentences, deferred sentences or probation,

provided the court may subject any remaining penalty under the

jurisdiction of the court to the statutory provisions for suspended

sentences, deferred sentences or probation.

D. In addition to any other penalty specified by this section,

the court shall require a defendant to undergo the treatment or

participate in the counseling services necessary to bring about the

cessation of domestic abuse against the victim or to bring about the

cessation of stalking or harassment of the victim. For every

conviction of violation of a protective order:

1. The court shall specifically order as a condition of a

suspended sentence or probation that a defendant participate in

counseling or undergo treatment to bring about the cessation of

domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate

in counseling or undergo treatment for domestic abuse

by an individual licensed practitioner or a domestic

abuse treatment program certified by the Attorney

General. If the defendant is ordered to participate

in a domestic abuse counseling or treatment program,
sation of

domestic abuse as specified in paragraph 2 of this subsection;

2. a. The court shall require the defendant to participate

in counseling or undergo treatment for domestic abuse

by an individual licensed practitioner or a domestic

abuse treatment program certified by the Attorney

General. If the defendant is ordered to participate

in a domestic abuse counseling or treatment program,

the order shall require the defendant to attend the

program for a minimum of fifty-two (52) weeks,

complete the program, and be evaluated before and

after attendance of the program by a program counselor

or a private counselor.

b. A program for anger management, couples counseling, or

family and marital counseling shall not solely qualify

for the counseling or treatment requirement for

domestic abuse pursuant to this subsection. The

counseling may be ordered in addition to counseling

specifically for the treatment of domestic abuse or

per evaluation as set forth below. If, after

sufficient evaluation and attendance at required

counseling sessions, the domestic violence treatment

program or licensed professional determines that the

defendant does not evaluate as a perpetrator of

domestic violence or does evaluate as a perpetrator of

domestic violence and should complete other programs

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of treatment simultaneously or prior to domestic

violence treatment, including but not limited to

programs related to the mental health, apparent

substance or alcohol abuse or inability or refusal to

manage anger, the defendant shall be ordered to

complete the counseling as per the recommendations of

the domestic violence treatment program or licensed

professional;

3. a. The court shall set a review hearing no more than one

hundred twenty (120) days after the defendant is

ordered to participate in a domestic abuse counseling

program or undergo treatment for domestic abuse to

assure the attendance and compliance of the defendant

with the provisions of this subsection and the

domestic abuse counseling or treatment requirements.

b. The court shall set a second review hearing after the

completion of the counseling or treatment to assure

the attendance and compliance of the defendant with

the provisions of this subsection and the domestic

abuse counseling or treatment requirements. The court

may suspend sentencing of the defendant until the

defendant has presented proof to the court of

enrollment in a program of treatment for domestic

abuse by an individual licensed practitioner or a

domestic abuse treatment program certified by the

Attorney General and attendance at weekly sessions of

such program. Such proof shall be presented to the

court by the defendant no later than one hundred

twenty (120) days after the defendant is ordered to

such counseling or treatment. At such time, the court

may complete sentencing, beginning the period of the

sentence from the date that proof of enrollment is

presented to the court, and schedule reviews as

required by subparagraphs a and b of this paragraph

and paragraphs 4 and 5 of this subsection. The court

shall retain continuing jurisdiction over the

defendant during the course of ordered counseling

through the final review hearing;

4. The court may set subsequent or other review hearings as the

court determines necessary to assure the defendant attends and fully

complies with the provisions of this subsection and the domestic

abuse counseling or treatment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 91
tment requirements;

5. At any review hearing, if the defendant is not

satisfactorily attending individual counseling or a domestic abuse

counseling or treatment program or is not in compliance with any

domestic abuse counseling or treatment requirements, the court may

order the defendant to further or continue counseling, treatment, or

Oklahoma Statutes - Title 22. Criminal Procedure Page 91

other necessary services. The court may revoke all or any part of a

suspended sentence, deferred sentence, or probation pursuant to

Section 991b of this title and subject the defendant to any or all

remaining portions of the original sentence;

6. At the first review hearing, the court shall require the

defendant to appear in court. Thereafter, for any subsequent review

hearings, the court may accept a report on the progress of the

defendant from individual counseling, domestic abuse counseling, or

the treatment program. There shall be no requirement for the victim

to attend review hearings; and

7. If funding is available, a referee may be appointed and

assigned by the presiding judge of the district court to hear

designated cases set for review under this subsection. Reasonable

compensation for the referees shall be fixed by the presiding judge.

The referee shall meet the requirements and perform all duties in

the same manner and procedure as set forth in Sections 1-8-103 and

2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees

appointed in juvenile proceedings.

E. Emergency temporary, ex parte and final protective orders

shall include notice of these penalties.

F. When a minor child violates the provisions of any protective

order, the violation shall be heard in a juvenile proceeding and the

court may order the child and the parent or parents of the child to

participate in family counseling services necessary to bring about

the cessation of domestic abuse against the victim and may order

community service hours to be performed in lieu of any fine or

imprisonment authorized by this section.

G. Any district court of this state and any judge thereof shall

be immune from any liability or prosecution for issuing an order

that requires a defendant to:

1. Attend a treatment program for domestic abusers certified by

the Attorney General;

2. Attend counseling or treatment services ordered as part of

any final protective order or for any violation of a protective

order; and

3. Attend, complete, and be evaluated before and after

attendance by a treatment program for domestic abusers certified by

the Attorney General.

H. At no time, under any proceeding, may a person protected by

a protective order be held to be in violation of that protective

order. Only a defendant against whom a protective order has been

issued may be held to have violated the order.

I. In addition to any other penalty specified by this section,

the court may order a defendant to use an active, real-time, twenty-

four-hour Global Positioning System (GPS) monitoring device as a

condition of a sentence. The court may further order the defendant

to pay costs and expenses related to the GPS device and monitoring.

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