Okla. Stat. tit. 10A, § 10A-1-4-206: Restraining order - Hearing

A. 1. At the emergency custody hearing or when a petition has

been filed alleging that a child has been physically or sexually

abused, the court may enter an order restraining the alleged

perpetrator of the abuse from having contact with the child or

attempting to contact the child and requiring the alleged

perpetrator to move from the household in which the child resides.

The court may issue a restraining order only if the court finds

that:

a. there is a reasonable suspicion that abuse occurred

and that the person to be restrained committed the

abuse, and

b. the order is in the best interest of the child.

2. The court may also enter other appropriate orders including,

but not limited to, orders that control contact between the alleged

abuser, other children in the home, and any other person.

3. The court shall include in an order entered under this

subsection the following information about the person to be

restrained to the extent known by the court at the time the order is

entered:

a. name,

b. address,

c. age and birth date,

d. race,

e. sex,

f. height and weight,

g. color of hair and eyes, and

h. any other identifying features such as tattoos.

4. The court may include in the order a provision that a peace

officer accompany the restrained person to the household when it is

necessary for the restrained person to remove personal property.

B. If the court enters an order under this section:

1. The clerk of the court shall provide without charge the

number of certified true copies of the order and petition, if

available, necessary to effect service and shall deliver the same to

the sheriff or other person qualified to serve the order for service

upon the person to be restrained; and

2. The sheriff or other person qualified to serve the order

shall serve the person to be restrained personally unless that

person is present at the hearing. After accepting the order, if the

sheriff or other person cannot complete service within ten (10)

days, the sheriff or other person shall file a return to the clerk

of the court showing that service was not completed and the reason

for the noncompletion.

C. Within thirty (30) days after an order is served under this

section, the restrained person may file a written request with the

court and receive a court hearing on any portion of the order. If

the restrained person requests a hearing under this subsection:

1. The court shall notify the parties and the restrained person

of the date and time of the hearing; and

2. The court shall hold a hearing within twenty-one (21) days

after the request for hearing is filed with the court and at the

conclusion of the hearing may cancel or modify the order.

D. 1. Within twenty-four (24) hours of the return of service

of the restraining order, the clerk of the issuing court shall send

certified copies thereof to all appropriate law enforcement agencies

designated by the court. A certified copy of any extension,

modification, vacation, cancellation, or consent agreement

concerning the restraining order shall be sent by the clerk of the

issuing court to those law enforcement agencies receiving the

original orders pursuant to this section and to any law enforcement

agencies designated by the court.

2. Any law enforcement agency receiving copies of the documents

listed in paragraph 1 of this subsection shall be required to ensure

that other law enforcement agencies have access twenty-four (24)

hours a day to the information contained in the documents which may

include entry of information about the restraining order in the

National Crime Information Center database.

E. A restraining order issued pursuant to this section remains

in effect for a period of one (1) year or until the order is sooner

modified, amended, or terminated by court order.

F. A court that issued a restraining order under this section

rmation contained in the documents which may

include entry of information about the restraining order in the

National Crime Information Center database.

E. A restraining order issued pursuant to this section remains

in effect for a period of one (1) year or until the order is sooner

modified, amended, or terminated by court order.

F. A court that issued a restraining order under this section

may renew the order for a period of up to one (1) year if the court

finds that there is probable cause to believe the renewal is in the

best interest of the child. The court may renew the order on motion

by the state or the child’s attorney alleging facts supporting the

required finding. If the renewal order is granted, subsections B

and C of this section apply.

G. If a restraining order issued pursuant to this section is

terminated before its expiration date, the clerk of the court shall

promptly deliver a true copy of the termination order to the

sheriff. The sheriff shall promptly remove the original order from

the National Crime Information Center database.

H. Any person who has been served with the restraining order

and is in violation of the restraining 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

both such fine and imprisonment.