Okla. Stat. tit. 22, § 22-60.9
This is the official text of Okla. Stat. tit. 22, § 22-60.9, 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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Warrantless arrest
Official statutory text
A. Pursuant to paragraph 7 of Section 196 of this title, a
peace officer, without a warrant, shall arrest and take into custody
a person if the peace officer has reasonable cause to believe that:
1. An emergency ex parte or final protective order has been
issued and served upon the person, pursuant to the Protection from
Domestic Abuse Act;
2. A true copy and proof of service of the order has been filed
with the law enforcement agency having jurisdiction of the area in
which the plaintiff or any family or household member named in the
order resides or a certified copy of the order and proof of service
is presented to the peace officer as provided in subsection D of
this section;
3. The person named in the order has received notice of the
order and has had a reasonable time to comply with such order; and
4. The person named in the order has violated the order or is
then acting in violation of the order.
B. A peace officer, without a warrant, shall arrest and take
into custody a person if the following conditions have been met:
1. The peace officer has reasonable cause to believe that a
foreign protective order has been issued, pursuant to the law of the
state or tribal court where the foreign protective order was issued;
2. A certified copy of the foreign protective order has been
presented to the peace officer that appears valid on its face; and
3. The peace officer has reasonable cause to believe the person
named in the order has violated the order or is then acting in
violation of the order.
C. A person arrested pursuant to this section shall be brought
before the court within twenty-four (24) hours after arrest to
answer to a charge for violation of the order pursuant to Section
60.8 of this title, at which time the court shall do each of the
following:
1. Set a time certain for a hearing on the alleged violation of
the order within seventy-two (72) hours after arrest, unless
extended by the court on the motion of the arrested person;
2. Set a reasonable bond pending a hearing of the alleged
violation of the order; and
3. Notify the party who has procured the order and direct the
party to appear at the hearing and give evidence on the charge.
The court may also consider the safety of any and all alleged
victims that are subject to the protection of the order prior to the
court setting a reasonable bond pending a hearing of the alleged
violation of the order.
Oklahoma Statutes - Title 22. Criminal Procedure Page 94
D. A copy of a protective order shall be prima facie evidence
that such order is valid in this state when such documentation is
presented to a law enforcement officer by the plaintiff, defendant,
or another person on behalf of a person named in the order. Any law
enforcement officer may rely on such evidence to make an arrest for
a violation of such order, if there is reason to believe the
defendant has violated or is then acting in violation of the order
without justifiable excuse. When a law enforcement officer relies
upon the evidence specified in this subsection, such officer and the
employing agency shall be immune from liability for the arrest of
the defendant if it is later proved that the evidence was false.
E. Any person who knowingly and willfully presents any false or
materially altered protective order to any law enforcement officer
to effect an arrest of any person shall, upon conviction, be guilty
of 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 exceeding Five Thousand Dollars ($5,000.00) and
shall, in addition, be liable for any civil damages to the
defendant.
peace officer, without a warrant, shall arrest and take into custody
a person if the peace officer has reasonable cause to believe that:
1. An emergency ex parte or final protective order has been
issued and served upon the person, pursuant to the Protection from
Domestic Abuse Act;
2. A true copy and proof of service of the order has been filed
with the law enforcement agency having jurisdiction of the area in
which the plaintiff or any family or household member named in the
order resides or a certified copy of the order and proof of service
is presented to the peace officer as provided in subsection D of
this section;
3. The person named in the order has received notice of the
order and has had a reasonable time to comply with such order; and
4. The person named in the order has violated the order or is
then acting in violation of the order.
B. A peace officer, without a warrant, shall arrest and take
into custody a person if the following conditions have been met:
1. The peace officer has reasonable cause to believe that a
foreign protective order has been issued, pursuant to the law of the
state or tribal court where the foreign protective order was issued;
2. A certified copy of the foreign protective order has been
presented to the peace officer that appears valid on its face; and
3. The peace officer has reasonable cause to believe the person
named in the order has violated the order or is then acting in
violation of the order.
C. A person arrested pursuant to this section shall be brought
before the court within twenty-four (24) hours after arrest to
answer to a charge for violation of the order pursuant to Section
60.8 of this title, at which time the court shall do each of the
following:
1. Set a time certain for a hearing on the alleged violation of
the order within seventy-two (72) hours after arrest, unless
extended by the court on the motion of the arrested person;
2. Set a reasonable bond pending a hearing of the alleged
violation of the order; and
3. Notify the party who has procured the order and direct the
party to appear at the hearing and give evidence on the charge.
The court may also consider the safety of any and all alleged
victims that are subject to the protection of the order prior to the
court setting a reasonable bond pending a hearing of the alleged
violation of the order.
Oklahoma Statutes - Title 22. Criminal Procedure Page 94
D. A copy of a protective order shall be prima facie evidence
that such order is valid in this state when such documentation is
presented to a law enforcement officer by the plaintiff, defendant,
or another person on behalf of a person named in the order. Any law
enforcement officer may rely on such evidence to make an arrest for
a violation of such order, if there is reason to believe the
defendant has violated or is then acting in violation of the order
without justifiable excuse. When a law enforcement officer relies
upon the evidence specified in this subsection, such officer and the
employing agency shall be immune from liability for the arrest of
the defendant if it is later proved that the evidence was false.
E. Any person who knowingly and willfully presents any false or
materially altered protective order to any law enforcement officer
to effect an arrest of any person shall, upon conviction, be guilty
of 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 exceeding Five Thousand Dollars ($5,000.00) and
shall, in addition, be liable for any civil damages to the
defendant.
Status: in_force · Read it on the official government site
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