{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-60.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-60.2","heading":"Protective order - Petition - Complaint requirement for","body":"certain stalking victims - Fees.\n\nA. A victim of domestic abuse, a victim of stalking, a victim\n\nof harassment, a victim of rape, any adult or emancipated minor\n\nhousehold member on behalf of any other family or household member\n\nwho is a minor or incompetent, any minor age sixteen (16) or\n\nseventeen (17) years, or any adult victim of a crime may seek relief\n\nunder the provisions of the Protection from Domestic Abuse Act.\n\n1. The person seeking relief may file a petition for a\n\nprotective order with the district court in the county in which the\n\nvictim resides, the county in which the defendant resides, or the\n\ncounty in which the domestic violence occurred. If the person\n\nseeking relief is not a family or household member or an individual\n\nwho is or has been in a dating relationship with the defendant, the\n\nperson seeking relief must file a complaint against the defendant\n\nwith the proper law enforcement agency before filing a petition for\n\na protective order with the district court. The person seeking\n\nrelief shall provide a copy of the complaint that was filed with the\n\nlaw enforcement agency at the full hearing if the complaint is not\n\navailable from the law enforcement agency. Failure to provide a\n\ncopy of the complaint filed with the law enforcement agency shall\n\nconstitute a frivolous filing and the court may assess attorney fees\n\nand court costs against the plaintiff pursuant to paragraph 2 of\n\nsubsection C of this section. The filing of a petition for a\n\nprotective order shall not require jurisdiction or venue of the\n\ncriminal offense if either the plaintiff or defendant resides in the\n\ncounty. If a petition has been filed in an action for divorce or\n\nseparate maintenance and either party to the action files a petition\n\nfor a protective order in the same county where the action for\n\ndivorce or separate maintenance is filed, the petition for the\n\nprotective order may be heard by the court hearing the divorce or\n\nseparate maintenance action if:\n\na. there is no established protective order docket in\n\nsuch court, or\n\nb. the court finds that, in the interest of judicial\n\neconomy, both actions may be heard together; provided,\n\nhowever, the petition for a protective order,\n\nincluding, but not limited to, a petition in which\n\nchildren are named as petitioners, shall remain a\n\nseparate action and a separate order shall be entered\n\nin the protective order action. Protective orders may\n\nbe dismissed in favor of restraining orders in the\n\ndivorce or separate maintenance action if the court\n\nspecifically finds, upon hearing, that such dismissal\n\nis in the best interests of the parties and does not\n\ncompromise the safety of any petitioner.\n\nIf the defendant is a minor child, the petition shall be filed\n\nwith the court having jurisdiction over juvenile matters.\n\n2. When the abuse occurs when the court is not open for\n\nbusiness, such person may request an emergency temporary order of\n\nprotection as authorized by Section 40.3 of this title.\n\nB. The petition forms shall be provided by the clerk of the\n\ncourt. The Administrative Office of the Courts shall develop a\n\nstandard form for the petition.\n\nC. 1. Except as otherwise provided by this section, no filing\n\nfee, service of process fee, attorney fees or any other fee or costs\n\nshall be charged the plaintiff or victim at any time for filing a\n\npetition for a protective order whether a protective order is\n\ngranted or not granted. The court may assess court costs, service\n\nof process fees, attorney fees, other fees and filing fees against\n\nthe defendant at the hearing on the petition, if a protective order\n\nis granted against the defendant; provided, the court shall have\n\nauthority to waive the costs and fees if the court finds that the\n\nparty does not have the ability to pay the costs and fees.\n\n2. If the court makes specific findings that a petition for a\nservice\n\nof process fees, attorney fees, other fees and filing fees against\n\nthe defendant at the hearing on the petition, if a protective order\n\nis granted against the defendant; provided, the court shall have\n\nauthority to waive the costs and fees if the court finds that the\n\nparty does not have the ability to pay the costs and fees.\n\n2. If the court makes specific findings that a petition for a\n\nprotective order has been filed frivolously and no victim exists,\n\nthe court may assess attorney fees and court costs against the\n\nplaintiff.\n\nD. The person seeking relief shall prepare the petition or, at\n\nthe request of the plaintiff, the court clerk or the victim-witness\n\ncoordinator, victim support person, and court case manager shall\n\nprepare or assist the plaintiff in preparing the petition.\n\nE. The person seeking a protective order may further request\n\nthe exclusive care, possession, or control of any animal owned,\n\npossessed, leased, kept, or held by either the petitioner, defendant\n\nor minor child residing in the residence of the petitioner or\n\ndefendant. The court may order the defendant to make no contact\n\nwith the animal and forbid the defendant from taking, transferring,\n\nencumbering, concealing, molesting, attacking, striking,\n\nthreatening, harming, or otherwise disposing of the animal.\n\nF. A court may not require the victim to seek legal sanctions\n\nagainst the defendant including, but not limited to, divorce,\n\nseparation, paternity or criminal proceedings prior to hearing a\n\npetition for protective order.\n\nG. A victim of rape, forcible sodomy, a sex offense,\n\nkidnapping, assault and battery with a deadly weapon, child abuse,\n\nor member of the immediate family of a victim of first-degree\n\nmurder, as such terms are defined in Section 40 of this title, may\n\npetition, or have a petition filed on the victim’s behalf if the\n\nvictim is a minor, for an emergency temporary order or emergency ex\n\nparte order regardless of any relationship or scenario pursuant to\n\nthe provisions of this section. The Administrative Office of the\n\nCourts shall modify the petition forms as necessary to effectuate\n\nthe provisions of this subsection.","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":"0088e2fd89a0dad653af8a924f9e276468c0950ee446222543b1777eebba1b98","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-60.19","next":"us-ok/okla.-stat.-tit.-22-22-60.20"},"notice":"GroundRules: Original legal text. Not legal advice."}