Protective Orders in Oklahoma — In Plain Words

If you are in immediate danger, call 911.

What the Act is

Title 22, Section 60, says: “This act shall be known and may be cited as the ‘Protection from Domestic Abuse Act’.”

The sections after Section 60 — Sections 60.1, 60.2, 60.3, and 60.4 — state the definitions, who may seek relief and how a petition is filed, the emergency ex parte order and hearing rules, and the hearing, final protective order, and period of relief rules.

Words the Act defines

Section 60.1 states the definitions used in the Protection from Domestic Abuse Act. It defines the conduct categories this page covers in these words:

“Domestic abuse” means “any act of physical harm or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who is currently or was previously an intimate partner or family or household member.”

“Harassment” means “a knowing and willful course or pattern of conduct by a family or household member or an individual who is or has been involved in a dating relationship with the person, directed at a specific person which seriously alarms or annoys the person, and which serves no legitimate purpose.” Section 60.1 adds that the course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress and must actually cause substantial distress to the person.

“Rape” means “rape and rape by instrumentation in violation of Sections 1111 and 1111.1 of Title 21 of the Oklahoma Statutes.”

“Stalking” means “the willful, malicious, and repeated following or harassment of a person by an adult, emancipated minor, or minor thirteen (13) years of age or older, in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested.” Section 60.1 also states a second meaning for stalking: a course of conduct made up of a series of two or more separate acts over a period of time, however short, showing a continuity of purpose or unconsented contact, as the section lists it.

Section 60.1 also defines “family or household members.” The list in the section is: parents, including grandparents, stepparents, adoptive parents and foster parents; children, including grandchildren, stepchildren, adopted children and foster children; persons otherwise related by blood or marriage living in the same household; persons otherwise related by blood or marriage; and persons not related by blood or marriage living in the same household.

Section 60.1 defines “dating relationship” as “intimate association, primarily characterized by affectionate or sexual involvement,” and says a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship.

Section 60.1 defines “intimate partner” to include current or former spouses; persons who are or were in a dating relationship; persons who are the biological parents of the same child, regardless of their marital status or whether they have lived together at any time; and persons who currently or formerly lived together in an intimate way, as the section words it.

Section 60.1 defines “foreign protective order” as “any valid order of protection issued by a court of another state or a tribal court.”

Who may seek relief, as the statute states it

Section 60.2, subsection A, states: “A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, any minor age sixteen (16) or seventeen (17) years, or any adult victim of a crime may seek relief under the provisions of the Protection from Domestic Abuse Act.”

Section 60.2, subsection G, also states that a victim of rape, forcible sodomy, a sex offense, kidnapping, assault and battery with a deadly weapon, child abuse, or member of the immediate family of a victim of first-degree murder, as such terms are defined in Section 40 of Title 22, may petition, or have a petition filed on the victim’s behalf if the victim is a minor, for an emergency temporary order or emergency ex parte order regardless of any relationship or scenario, under the provisions of that section.

Where and how a petition is filed, as the statute states it

Section 60.2 states that the person seeking relief may file a petition for a protective order with the district court in the county in which the victim resides, the county in which the defendant resides, or the county in which the domestic violence occurred.

Section 60.2 also states a complaint step for some filers. If the person seeking relief is not a family or household member or an individual who is or has been in a dating relationship with the defendant, the person seeking relief must file a complaint against the defendant with the proper law enforcement agency before filing a petition for a protective order with the district court. The section states that the person shall provide a copy of the complaint at the full hearing if the complaint is not available from the law enforcement agency.

Section 60.2 states that if the defendant is a minor child, the petition shall be filed with the court having jurisdiction over juvenile matters.

Section 60.2 states: “When the abuse occurs when the court is not open for business, such person may request an emergency temporary order of protection as authorized by Section 40.3 of this title.”

Section 60.2 states that the petition forms shall be provided by the clerk of the court, and that the Administrative Office of the Courts shall develop a standard form for the petition.

Section 60.2 states that the person seeking relief shall prepare the petition or, at the request of the plaintiff, the court clerk or the victim-witness coordinator, victim support person, and court case manager shall prepare or assist the plaintiff in preparing the petition.

Section 60.2 states that a court may not require the victim to seek legal sanctions against the defendant including, but not limited to, divorce, separation, paternity or criminal proceedings prior to hearing a petition for protective order.

Costs, as the statute states them

Section 60.2, subsection C, states: “Except as otherwise provided by this section, no filing fee, service of process fee, attorney fees or any other fee or costs shall be charged the plaintiff or victim at any time for filing a petition for a protective order whether a protective order is granted or not granted.”

That subsection also states that the court may assess court costs, service of process fees, attorney fees, other fees and filing fees against the defendant at the hearing on the petition, if a protective order is granted against the defendant, and that the court shall have authority to waive the costs and fees if the court finds that the party does not have the ability to pay the costs and fees.

This page prints no dollar amounts, because the sections read for this page state the no-fee rule above in words, not in a dollar amount for the person filing.

The types of orders the statute names, and how long each lasts

Emergency temporary order. Section 60.3, subsection C, covers an “emergency temporary ex parte order of protection” as provided by Section 40.3 of Title 22. It states that 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. It states: “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.”

Emergency ex parte order. Section 60.3, subsection A, states that if a plaintiff requests an emergency ex parte order pursuant to Section 60.2, 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. It states that 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. It states: “The emergency ex parte order shall be in effect until after the full hearing is conducted.” It also states that 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.

Final protective order. Section 60.4, subsection D, states that final protective orders authorized by that section shall be on a standard form developed by the Administrative Office of the Courts. Section 60.4, subsection G, states the period of relief, in the next section of this page.

The full hearing and the period for a final order

Section 60.4, subsection B, states that 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. The same paragraph states a different time when the defendant is a minor child who has been removed from the residence pursuant to Section 2-2-101 of Title 10A: the court shall schedule a full hearing within seventy-two (72) hours.

Section 60.4, subsection B, also states that 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, and that a victim shall have the right to request a final protective order hearing at any time after the passage of six (6) months.

Section 60.4, subsection G, states that any protective order issued on or after November 1, 2012, pursuant to subsection C of that section shall be 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. It states that if the defendant is incarcerated, the protective order shall remain in full force and effect during the period of incarceration, and the period of incarceration, in any jurisdiction, shall not be included in the calculation of the five-year time limitation.

Section 60.4, subsection G, also states that such an order may instead be continuous upon a specific finding by the court of one of the following: the person has a history of violating the orders of any court or governmental entity; the person has previously been convicted of a violent felony offense; the person has a previous felony conviction for stalking as provided in Section 1173 of Title 21; a court order for a final Victim Protection Order has previously been issued against the person in this state or another state; or the victim provides proof that a continuous protective order is necessary for his or her protection. The section states that a continuous 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.

Section 60.4, subsection G, states that the court shall notify the parties at the time of the issuance of the protective order of the duration of the protective order.

Other terms the statute states for a final order

Section 60.4, subsection C, states that 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.

Section 60.4, subsection A, states that 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.

Section 60.4, subsection I, states that a protective order issued under the Protection from Domestic Abuse Act shall not in any manner affect title to real property.

Section 60.4, subsection K, states: “A court shall not issue any mutual protective orders.” It states that if both parties allege domestic abuse by the other party, the parties shall do so by separate petitions.

Section 60.4, subsection L, states that the court may allow a plaintiff or victim to be accompanied by a victim support person at court proceedings, and that a victim support person shall not make legal arguments, but may offer comfort or support and may remain in close proximity to the plaintiff or victim.

General information only — not legal advice. This page was not written by a lawyer.