{"data":{"id":"us-ok/okla.-stat.-tit.-10a-10a-1-4-206","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 10A, § 10A-1-4-206","heading":"Restraining order - Hearing","body":"A. 1. At the emergency custody hearing or when a petition has\n\nbeen filed alleging that a child has been physically or sexually\n\nabused, the court may enter an order restraining the alleged\n\nperpetrator of the abuse from having contact with the child or\n\nattempting to contact the child and requiring the alleged\n\nperpetrator to move from the household in which the child resides.\n\nThe court may issue a restraining order only if the court finds\n\nthat:\n\na. there is a reasonable suspicion that abuse occurred\n\nand that the person to be restrained committed the\n\nabuse, and\n\nb. the order is in the best interest of the child.\n\n2. The court may also enter other appropriate orders including,\n\nbut not limited to, orders that control contact between the alleged\n\nabuser, other children in the home, and any other person.\n\n3. The court shall include in an order entered under this\n\nsubsection the following information about the person to be\n\nrestrained to the extent known by the court at the time the order is\n\nentered:\n\na. name,\n\nb. address,\n\nc. age and birth date,\n\nd. race,\n\ne. sex,\n\nf. height and weight,\n\ng. color of hair and eyes, and\n\nh. any other identifying features such as tattoos.\n\n4. The court may include in the order a provision that a peace\n\nofficer accompany the restrained person to the household when it is\n\nnecessary for the restrained person to remove personal property.\n\nB. If the court enters an order under this section:\n\n1. The clerk of the court shall provide without charge the\n\nnumber of certified true copies of the order and petition, if\n\navailable, necessary to effect service and shall deliver the same to\n\nthe sheriff or other person qualified to serve the order for service\n\nupon the person to be restrained; and\n\n2. The sheriff or other person qualified to serve the order\n\nshall serve the person to be restrained personally unless that\n\nperson is present at the hearing. After accepting the order, if the\n\nsheriff or other person cannot complete service within ten (10)\n\ndays, the sheriff or other person shall file a return to the clerk\n\nof the court showing that service was not completed and the reason\n\nfor the noncompletion.\n\nC. Within thirty (30) days after an order is served under this\n\nsection, the restrained person may file a written request with the\n\ncourt and receive a court hearing on any portion of the order. If\n\nthe restrained person requests a hearing under this subsection:\n\n1. The court shall notify the parties and the restrained person\n\nof the date and time of the hearing; and\n\n2. The court shall hold a hearing within twenty-one (21) days\n\nafter the request for hearing is filed with the court and at the\n\nconclusion of the hearing may cancel or modify the order.\n\nD. 1. Within twenty-four (24) hours of the return of service\n\nof the restraining order, the clerk of the issuing court shall send\n\ncertified copies thereof to all appropriate law enforcement agencies\n\ndesignated by the court. A certified copy of any extension,\n\nmodification, vacation, cancellation, or consent agreement\n\nconcerning the restraining order shall be sent by the clerk of the\n\nissuing court to those law enforcement agencies receiving the\n\noriginal orders pursuant to this section and to any law enforcement\n\nagencies designated by the court.\n\n2. Any law enforcement agency receiving copies of the documents\n\nlisted in paragraph 1 of this subsection shall be required to ensure\n\nthat other law enforcement agencies have access twenty-four (24)\n\nhours a day to the information contained in the documents which may\n\ninclude entry of information about the restraining order in the\n\nNational Crime Information Center database.\n\nE. A restraining order issued pursuant to this section remains\n\nin effect for a period of one (1) year or until the order is sooner\n\nmodified, amended, or terminated by court order.\n\nF. A court that issued a restraining order under this section\nrmation contained in the documents which may\n\ninclude entry of information about the restraining order in the\n\nNational Crime Information Center database.\n\nE. A restraining order issued pursuant to this section remains\n\nin effect for a period of one (1) year or until the order is sooner\n\nmodified, amended, or terminated by court order.\n\nF. A court that issued a restraining order under this section\n\nmay renew the order for a period of up to one (1) year if the court\n\nfinds that there is probable cause to believe the renewal is in the\n\nbest interest of the child. The court may renew the order on motion\n\nby the state or the child’s attorney alleging facts supporting the\n\nrequired finding. If the renewal order is granted, subsections B\n\nand C of this section apply.\n\nG. If a restraining order issued pursuant to this section is\n\nterminated before its expiration date, the clerk of the court shall\n\npromptly deliver a true copy of the termination order to the\n\nsheriff. The sheriff shall promptly remove the original order from\n\nthe National Crime Information Center database.\n\nH. Any person who has been served with the restraining order\n\nand is in violation of the restraining order, upon conviction, shall\n\nbe guilty of a misdemeanor and shall be punished by a fine of not\n\nmore than One Thousand Dollars ($1,000.00) or by a term of\n\nimprisonment in the county jail of not more than one (1) year, or\n\nboth such fine and imprisonment.","path":["OK Code","Title 10A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os10A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4ab29aa47261261b967e57e23e7597b23ca570f8349a422060032796a7a23866","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-10a-10a-1-4-205","next":"us-ok/okla.-stat.-tit.-10a-10a-1-4-207"},"notice":"GroundRules: Original legal text. Not legal advice."}