Okla. Stat. tit. 43, § 43-110

A. 1. Except as otherwise provided by this subsection, upon

the filing of a petition for dissolution of marriage, annulment of a

marriage or legal separation by the petitioner and upon personal

service of the petition and summons on the respondent, or upon

waiver and acceptance of service by the respondent, an automatic

temporary injunction shall be in effect against both parties

pursuant to the provisions of this section:

a. restraining the parties from transferring,

encumbering, concealing, or in any way disposing of,

without the written consent of the other party or an

order of the court, any marital property, except in

the usual course of business, for the purpose of

retaining an attorney for the case or for the

necessities of life and requiring each party to notify

the other party of any proposed extraordinary

expenditures and to account to the court for all

extraordinary expenditures made after the injunction

is in effect,

b. restraining the parties from:

(1) intentionally or knowingly damaging or destroying

the tangible property of the parties, or of

either of them, specifically including, but not

Oklahoma Statutes - Title 43. Marriage and Family Page 38

limited to, any electronically stored materials,

electronic communications, social network data,

financial records, and any document that

represents or embodies anything of value,

(2) making any withdrawal for any purpose from any

retirement, profit-sharing, pension, death, or

other employee benefit plan or employee savings

plan or from any individual retirement account or

Keogh account,

(3) withdrawing or borrowing in any manner all or any

part of the cash surrender value of any life

insurance policies on either party or their

children,

(4) changing or in any manner altering the

beneficiary designation on any life insurance

policies on the life of either party or any of

their children,

(5) canceling, altering, or in any manner affecting

any casualty, automobile, or health insurance

policies insuring the parties' property or

persons,

(6) opening or diverting mail addressed to the other

party, and

(7) signing or endorsing the other party's name on

any negotiable instrument, check, or draft, such

as tax refunds, insurance payments, and

dividends, or attempting to negotiate any

negotiable instruments payable to either party

without the personal signature of the other

party,

c. requiring the parties to maintain all presently

existing health, property, life and other insurance

which the individual is presently carrying on any

member of this family unit, and to cooperate as

necessary in the filing and processing of claims. Any

employer-provided health insurance currently in

existence shall remain in full force and effect for

all family members,

d. enjoining both parties from molesting or disturbing

the peace of the other party or of the children to the

marriage,

e. restraining both parties from disrupting or

withdrawing their children from an educational

facility and programs where the children historically

have been enrolled, or day care,

f. restraining both parties from hiding or secreting

their children from the other party,

Oklahoma Statutes - Title 43. Marriage and Family Page 39

g. restraining both parties from removing the minor

children of the parties, if any, beyond the

jurisdiction of the State of Oklahoma, acting directly

or in concert with others, except for vacations of two

(2) weeks or less duration, without the prior written

consent of the other party, which shall not be

unreasonably withheld, and

h. requiring, unless otherwise agreed upon by the parties

in writing, the delivery by each party to the other

within thirty (30) days from the earlier of either the

date of service of the summons or the filing of an

initial pleading by the respondent, the following

documents:
less duration, without the prior written

consent of the other party, which shall not be

unreasonably withheld, and

h. requiring, unless otherwise agreed upon by the parties

in writing, the delivery by each party to the other

within thirty (30) days from the earlier of either the

date of service of the summons or the filing of an

initial pleading by the respondent, the following

documents:

(1) the federal and state income tax returns of each

party for the past two (2) years and any

nonpublic, limited partnership and privately held

corporate returns for any entity in which either

party has an interest, together with all

supporting documentation for the tax returns,

including but not limited to W-2 forms, 1099

forms, K-1 forms, Schedule C and Schedule E. If

a return is not completed at the time of

disclosure, the parties shall provide the

documents necessary to prepare the tax return of

the party, to include W-2 forms, 1099 forms, K-1

forms, copies of extension requests and estimated

tax payments,

(2) two (2) months of the most recent pay stubs from

each employer for whom the party worked,

(3) statements for the past six (6) months for all

bank accounts held in the name of either party

individually or jointly, or in the name of

another person for the benefit of either party,

or held by either party for the benefit of the

minor child or children of the parties,

(4) documentation regarding the cost and nature of

available health insurance coverage for the

benefit of either party or the minor child or

children of the parties,

(5) documentation regarding the cost and nature of

employment or educationally related child care

expenses incurred for the benefit of the minor

child or children of the parties, and

(6) documentation regarding all debts in the name of

either party individually or jointly, showing the

most recent balance due and payment terms.

Oklahoma Statutes - Title 43. Marriage and Family Page 40

2. If either party is not in possession of a document required

pursuant to subparagraph h of paragraph 1 of this subsection or has

not been able to obtain the document in a timely fashion, the party

shall state in verified writing, under the penalty of perjury, the

specific document which is not available, the reasons the document

is not available, and what efforts have been made to obtain the

document. As more information becomes available, there is a

continuing duty to supplement the disclosures.

3. Nothing in this subsection shall prohibit a party from

conducting further discovery pursuant to the Oklahoma Discovery

Code.

4. a. The provisions of the automatic temporary injunction

shall be printed as an attachment to the summons and

the petition and entitled "Automatic Temporary

Injunction Notice".

b. The automatic temporary injunction notice shall

contain a provision which will allow the parties to

waive the automatic temporary injunction. In

addition, the provision must state that unless both

parties have agreed and have signed their names in the

space provided, that the automatic temporary

injunction will be effective. Along with the waiver

provision, the notice shall contain a check box and

space available for the signatures of the parties.

5. The automatic temporary injunction shall become an order of

the court upon fulfillment of the requirements of paragraph 1 of

this subsection unless and until:

a. the automatic temporary injunction is waived by the

parties. Both parties must indicate on the automatic

temporary injunction notice in the space provided that

the parties have both agreed to waive the automatic

temporary injunction. Each party must sign his or her

own name on the notice in the space provided, or

b. a party, no later than three (3) days after service on

the party, files an objection to the injunction and

requests a hearing. Provided, the automatic temporary

injunction shall remain in effect until the hearing
he space provided that

the parties have both agreed to waive the automatic

temporary injunction. Each party must sign his or her

own name on the notice in the space provided, or

b. a party, no later than three (3) days after service on

the party, files an objection to the injunction and

requests a hearing. Provided, the automatic temporary

injunction shall remain in effect until the hearing

and a judge orders the injunction removed.

6. The automatic temporary injunction shall be dissolved upon

the granting of the dissolution of marriage, final order of legal

separation or other final order.

7. Nothing in this subsection shall preclude either party from

applying to the court for further temporary orders, pursuant to this

section, an expanded automatic temporary injunction, or modification

or revocation thereto.

8. a. With regard to an automatic temporary injunction, when

a petition for dissolution of marriage, annulment of a

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marriage, or a legal separation is filed and served, a

peace officer shall use every reasonable means to

enforce the injunction which enjoins both parties from

molesting or disturbing the peace of the other party

or the children of the marriage against a petitioner

or respondent, whenever:

(1) there is exhibited by a respondent or by the

petitioner to the peace officer a copy of the

petition or summons, with an attached Temporary

Injunction Notice, duly filed and issued pursuant

to this section, together with a certified copy

of the affidavit of service of process or a

certified copy of the waiver and acceptance of

service, and

(2) the peace officer has cause to believe that a

violation of the automatic temporary injunction

has occurred.

b. A peace officer shall not be held civilly or

criminally liable for his or her action pursuant to

this paragraph if his or her action is in good faith

and without malice.

B. After a petition has been filed in an action for dissolution

of marriage or legal separation either party may request the court

to issue:

1. A temporary order:

a. regarding child custody, support or visitation,

b. regarding spousal maintenance,

c. regarding payment of debt,

d. regarding possession of property,

e. regarding attorney fees, and

f. providing other injunctive relief proper in the

circumstances.

All applications for temporary orders shall set forth the

factual basis for the application and shall be verified by the party

seeking relief. The application and a notice of hearing shall be

served on the other party in any manner provided for in the Rules of

Civil Procedure;

2. A temporary order. If domestic abuse is not alleged, when

setting a hearing to enter temporary orders, the court shall conduct

a substantive hearing and issue a ruling on custody, visitation,

child support, and other ancillary matters, including property. The

court shall schedule the hearing to take place within thirty (30)

days from the date that the application for temporary orders is

presented to the court for scheduling by the moving party, unless

the parties agree in writing to waive this requirement, and said

agreement is memorialized by an order of the court. The moving

Oklahoma Statutes - Title 43. Marriage and Family Page 42

party shall provide at least five (5) days' notice of hearing to the

nonmoving party;

3. A temporary order. In an application for a temporary order,

any party alleging acts of domestic abuse, as defined by Section 109

of this title, against the other party, or the minor child or

children at issue and either of the following are present:

a. the moving party has been granted a temporary or

permanent order of protection against the other party

for domestic abuse committed against the moving party

or the minor child or children at issue, or

b. the party against whom domestic violence has been

alleged has been charged in any criminal proceeding,
y, or the minor child or

children at issue and either of the following are present:

a. the moving party has been granted a temporary or

permanent order of protection against the other party

for domestic abuse committed against the moving party

or the minor child or children at issue, or

b. the party against whom domestic violence has been

alleged has been charged in any criminal proceeding,

within the past five (5) years, with an act of

domestic abuse wherein the moving party or a child of

the party alleging domestic abuse is the victim,

the court shall set a hearing upon application within ten (10) days

of filing, with the moving party providing five (5) days' notice of

hearing to the nonmoving party unless waived by both parties, and

memorialized by an order of the court. The court shall conduct a

substantive hearing and issue a ruling on custody, visitation, child

support, and other ancillary matters, including property. The

requesting party shall attach a certified copy of the emergency

protective order, probable cause affidavit, or charging information,

if available, to the temporary orders application;

4. A temporary restraining order. If the court finds on the

basis of a verified application and testimony of witnesses that

irreparable harm will result to the moving party, or a child of a

party if no order is issued before the adverse party or attorney for

the adverse party can be heard in opposition, the court may issue a

temporary restraining order which shall become immediately effective

and enforceable without requiring notice and opportunity to be heard

to the other party. Provided, for the purposes of this section, no

minor child or children temporarily residing in a licensed,

certified domestic violence shelter in the state shall be removed by

an ex parte order. If a temporary restraining order is issued

pursuant to this paragraph, the motion for a temporary order shall

be set within ten (10) days, but such hearing shall not be heard

unless five (5) days' notice of hearing is given to the other party.

C. Any temporary orders and the automatic temporary injunction,

or specific terms thereof, may be vacated or modified prior to or in

conjunction with a final decree on a showing by either party of

facts necessary for vacation or modification. Temporary orders and

the automatic temporary injunction terminate when the final judgment

on all issues, except attorney fees and costs, is rendered or when

the action is dismissed. The court may reserve jurisdiction to rule

on an application for a contempt citation for a violation of a

temporary order or the automatic temporary injunction which is filed

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any time prior to the time the temporary order or injunction

terminates.

D. Upon granting a decree of dissolution of marriage, annulment

of a marriage, or legal separation, the court may require either

party to pay such reasonable expenses of the other as may be just

and proper under the circumstances.

E. The court may in its discretion make additional orders

relative to the expenses of any such subsequent actions, including

but not limited to writs of habeas corpus, brought by the parties or

their attorneys, for the enforcement or modification of any

interlocutory or final orders in the dissolution of marriage action

made for the benefit of either party or their respective attorneys.

R.L. 1910, § 4967. Amended by Laws 1965, c. 7, § 1, emerg. eff.

Feb. 9, 1965; Laws 1976, c. 256, § 1. Renumbered from § 1276 of

Title 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by