{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-40.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-40.3","heading":"Emergency temporary order of protection","body":"A. When the court is not open for business, the victim of\n\ndomestic violence, stalking, harassment, rape, forcible sodomy, a\n\nsex offense, kidnapping or assault and battery with a deadly weapon\n\nor member of the immediate family of a victim of first-degree murder\n\nmay request a petition for an emergency temporary order of\n\nprotection. The peace officer making the preliminary investigation\n\nshall:\n\n1. Provide the victim or member of the immediate family of a\n\nvictim of first-degree murder with a petition for an emergency\n\ntemporary order of protection and, if necessary, assist the victim\n\nor member of the immediate family of a victim of first-degree murder\n\nin completing the petition form. The petition shall be in\n\nsubstantially the same form as provided by Section 60.2 of this\n\ntitle for a petition for protective order in domestic abuse cases;\n\n2. Immediately notify, by telephone or otherwise, a judge of\n\nthe district court of the request for an emergency temporary order\n\nof protection and describe the circumstances. The judge shall\n\ninform the peace officer of the decision to approve or disapprove\n\nthe emergency temporary order;\n\n3. Inform the victim or member of the immediate family of a\n\nvictim of first-degree murder whether the judge has approved or\n\ndisapproved the emergency temporary order. If an emergency\n\ntemporary order has been approved, the peace officer shall provide\n\nthe victim, or a responsible adult if the victim is a minor child or\n\nan incompetent person or member of the immediate family of a victim\n\nof first-degree murder, with a copy of the petition and a written\n\nstatement signed by the peace officer attesting that the judge has\n\napproved the emergency temporary order of protection;\n\n4. Notify the person subject to the emergency temporary\n\nprotection order of the issuance and conditions of the order, if\n\nknown. Notification pursuant to this paragraph may be made\n\npersonally by the peace officer upon arrest or, upon identification\n\nof the assailant, notice shall be given by any law enforcement\n\nofficer. A copy of the petition and the statement of the peace\n\nofficer attesting to the order of the judge shall be made available\n\nto the person; and\n\n5. Make every attempt to serve the subject of the order and\n\ncomplete a return of service when filing the petition with the\n\ndistrict court. If the peace officer is unable to obtain service,\n\nthe petition shall be filed by a peace officer with the district\n\ncourt the next business day. The court clerk shall receive the\n\npetition upon delivery by the peace officer and document the hearing\n\ndate and time assigned to the case as documented by the peace\n\nofficer. If the court clerk observes that service has not been\n\nobtained, the petition shall still be filed by the court clerk and\n\nissued to the appropriate office of the county sheriff to obtain\n\nservice with priority.\n\nB. The forms utilized by law enforcement agencies in carrying\n\nout the provisions of this section may be substantially similar to\n\nthose used under Section 60.2 of this title.","path":["OK Code","Title 22"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os22.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"991a1cb62d0eaa6372bb0ad672ee4d4e1eb657f29e79f359861cce4885440413","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-40.2","next":"us-ok/okla.-stat.-tit.-22-22-40.3a"},"notice":"GroundRules: Original legal text. Not legal advice."}