{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-60.16","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-60.16","heading":"Domestic abuse victims not to be discouraged from","body":"pressing charges - Warrantless arrests of certain persons -\n\nEmergency temporary order of protection.\n\nA. A peace officer shall not discourage a victim of domestic\n\nabuse from pressing charges against the assailant of the victim.\n\nB. 1. A peace officer may arrest without a warrant a person\n\nanywhere, including a place of residence, if the peace officer has\n\nprobable cause to believe the person within the preceding seventy-\n\ntwo (72) hours has committed an act of domestic abuse as defined by\n\nSection 60.1 of this title, although the assault did not take place\n\nin the presence of the peace officer. A peace officer may not\n\narrest a person pursuant to this section without first observing a\n\nrecent physical injury to, or an impairment of the physical\n\ncondition of, the alleged victim.\n\n2. An arrest, when made pursuant to this section, shall be\n\nbased on an investigation by the peace officer of the circumstances\n\nsurrounding the incident, past history of violence between the\n\nparties, statements of any children present in the residence, and\n\nany other relevant factors. A determination by the peace officer\n\nshall be made pursuant to the investigation as to which party is the\n\ndominant aggressor in the situation. A peace officer may arrest the\n\ndominant aggressor.\n\nC. When the court is not open for business, the victim of\n\ndomestic abuse may request a petition for an emergency temporary\n\norder of protection. The peace officer making the preliminary\n\ninvestigation shall:\n\n1. Provide the victim with a petition for an emergency\n\ntemporary order of protection and, if necessary, assist the victim\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;\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 whether the judge has approved or\n\ndisapproved the emergency temporary order. If an emergency\n\ntemporary order has been approved, the officer shall provide the\n\nvictim, or a responsible adult if the victim is a minor child or an\n\nincompetent person, with a copy of the petition and a written\n\nstatement signed by the officer attesting that the judge has\n\napproved the emergency temporary order of protection and notify the\n\nvictim that the emergency temporary order shall be effective until\n\nthe date of the hearing set by the judge. The peace officer\n\nrequesting the order shall be notified by the judge of the date,\n\ntime, and courtroom location in which the hearing will be held. The\n\npeace officer shall provide the victim and subject of the order with\n\na copy of the completed order and return the original order to the\n\ndistrict court;\n\n4. Notify the person subject to the emergency temporary\n\nprotection order of the issuance and conditions of the order.\n\nNotification pursuant to this paragraph may be made personally by\n\nthe officer or in writing. A copy of the petition and the statement\n\nof the officer attesting to the order of the judge shall be made\n\navailable to such person; and\n\n5. File a copy of the petition and the statement of the peace\n\nofficer with the district court of the county immediately upon the\n\nopening of the court on the next day the court is open for business.\n\nThe peace officer shall make every attempt to serve the subject of\n\nthe order and complete a return of service when filing the petition\n\nwith the district court. If the peace officer is unable to obtain\n\nservice, the petition shall be filed by a peace officer with the\n\ndistrict court on the next business day. The court clerk shall\nsiness.\n\nThe peace officer shall make every attempt to serve the subject of\n\nthe order and complete a return of service when filing the petition\n\nwith the district court. If the peace officer is unable to obtain\n\nservice, the petition shall be filed by a peace officer with the\n\ndistrict court on the next business day. The court clerk shall\n\nreceive the petition upon delivery by the peace officer and document\n\nthe hearing date and time assigned to the case as documented by the\n\npeace officer. If the court clerk observes that service has not\n\nbeen obtained, the petition shall still be filed by the court clerk\n\nand issued to the appropriate office of the county sheriff to obtain\n\nservice with priority.\n\nD. 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":"bcb3709c7b4cd43d3f53f0104e8c501c46e5363282e8c8327523c77e2d766682","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-60.14","next":"us-ok/okla.-stat.-tit.-22-22-60.17"},"notice":"GroundRules: Original legal text. Not legal advice."}