{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-60.4v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-60.4v1","heading":"Service of emergency ex parte order or emergency","body":"temporary order, petition for protective order and notice of hearing\n\n- Full hearing - Final protective order.\n\nA. 1. A copy of a petition for a protective order, any notice\n\nof hearing and a copy of any emergency temporary order or emergency\n\nex parte order issued by the court shall be served upon the\n\ndefendant in the same manner as a bench warrant. In addition, if\n\nthe service is to be in another county, the court clerk may issue\n\nservice to the sheriff by facsimile or other electronic transmission\n\nfor service by the sheriff and receive the return of service from\n\nthe sheriff in the same manner. Any fee for service of a petition\n\nfor protective order, notice of hearing, and emergency ex parte\n\norder shall only be charged pursuant to subsection C of Section 60.2\n\nof this title and, if charged, shall be the same as the sheriff’s\n\nservice fee plus mileage expenses.\n\n2. Emergency temporary orders, emergency ex parte orders and\n\nnotice of hearings shall be given priority for service and can be\n\nserved twenty-four (24) hours a day when the location of the\n\ndefendant is known, including service to the county jail if the\n\ndefendant is currently in custody. The initial attempt at service\n\nshall be made within twenty-four (24) hours of the issuance of the\n\norder. When service cannot be made upon the defendant by the\n\nsheriff, the sheriff may contact another law enforcement officer or\n\na private investigator or private process server to serve the\n\ndefendant.\n\n3. An emergency temporary order, emergency ex parte order, a\n\npetition for protective order, and a notice of hearing shall have\n\nstatewide validity and may be transferred to any law enforcement\n\njurisdiction to effect service upon the defendant. The sheriff may\n\ntransmit the document by electronic means.\n\n4. The return of service shall be submitted to the sheriff’s\n\noffice or court clerk in the court where the petition, notice of\n\nhearing or order was issued.\n\n5. When the defendant is a minor child who is ordered removed\n\nfrom the residence of the victim, in addition to those documents\n\nserved upon the defendant, a copy of the petition, notice of hearing\n\nand a copy of any temporary order or ex parte order issued by the\n\ncourt shall be delivered with the child to the caretaker of the\n\nplace where such child is taken pursuant to Section 2-2-101 of Title\n\n10A of the Oklahoma Statutes.\n\nB. 1. Within fourteen (14) days of the filing of the petition\n\nfor a protective order, the court shall schedule a full hearing on\n\nthe petition, if the court finds sufficient grounds within the scope\n\nof the Protection from Domestic Abuse Act stated in the petition to\n\nhold such a hearing, regardless of whether an emergency temporary\n\norder or ex parte order has been previously issued, requested or\n\ndenied. Provided, however, when the defendant is a minor child who\n\nhas been removed from the residence pursuant to Section 2-2-101 of\n\nTitle 10A of the Oklahoma Statutes, the court shall schedule a full\n\nhearing on the petition within seventy-two (72) hours, regardless of\n\nwhether an emergency temporary order or ex parte order has been\n\npreviously issued, requested or denied.\n\n2. The court may schedule a full hearing on the petition for a\n\nprotective order within seventy-two (72) hours when the court issues\n\nan emergency temporary order or ex parte order suspending child\n\nvisitation rights due to physical violence or threat of abuse.\n\n3. If service has not been made on the defendant at the time of\n\nthe hearing, the court shall, at the request of the petitioner,\n\nissue a new emergency order reflecting a new hearing date and direct\n\nservice to issue.\n\n4. A petition for a protective order shall, upon the request of\n\nthe petitioner, renew every fourteen (14) days with a new hearing\n\ndate assigned until the defendant is served. A petition for a\n\nprotective order shall not expire unless the petitioner fails to\nthe court shall, at the request of the petitioner,\n\nissue a new emergency order reflecting a new hearing date and direct\n\nservice to issue.\n\n4. A petition for a protective order shall, upon the request of\n\nthe petitioner, renew every fourteen (14) days with a new hearing\n\ndate assigned until the defendant is served. A petition for a\n\nprotective order shall not expire unless the petitioner fails to\n\nappear at the hearing or fails to request a new order. A petitioner\n\nmay move to dismiss the petition and emergency or final order at any\n\ntime; however, a protective order must be dismissed by court order.\n\n5. Failure to serve the defendant shall not be grounds for\n\ndismissal of a petition or an ex parte order unless the victim\n\nrequests dismissal or fails to appear for the hearing thereon.\n\n6. A final protective order shall be granted or denied within\n\nsix (6) months of service on the defendant unless all parties agree\n\nthat a temporary protective order remain in effect; provided, a\n\nvictim shall have the right to request a final protective order\n\nhearing at any time after the passage of six (6) months.\n\nC. 1. At the hearing, the court may impose any terms and\n\nconditions in the protective order that the court reasonably\n\nbelieves are necessary to bring about the cessation of domestic\n\nabuse against the victim or stalking or harassment of the victim or\n\nthe immediate family of the victim but shall not impose any term and\n\ncondition that may compromise the safety of the victim including,\n\nbut not limited to, mediation, couples counseling, family\n\ncounseling, parenting classes or joint victim-offender counseling\n\nsessions. The court may order the defendant to obtain domestic\n\nabuse counseling or treatment in a program certified by the Attorney\n\nGeneral at the expense of the defendant pursuant to Section 644 of\n\nTitle 21 of the Oklahoma Statutes.\n\n2. If the court grants a protective order and the defendant is\n\na minor child, the court shall order a preliminary inquiry in a\n\njuvenile proceeding to determine whether further court action\n\npursuant to the Oklahoma Juvenile Code should be taken against a\n\njuvenile defendant.\n\nD. Final protective orders authorized by this section shall be\n\non a standard form developed by the Administrative Office of the\n\nCourts.\n\nE. 1. After notice and hearing, protective orders authorized\n\nby this section may require the defendant to undergo treatment or\n\nparticipate in the court-approved counseling services necessary to\n\nbring about cessation of domestic abuse against the victim pursuant\n\nto Section 644 of Title 21 of the Oklahoma Statutes but shall not\n\norder any treatment or counseling that may compromise the safety of\n\nthe victim including, but not limited to, mediation, couples\n\ncounseling, family counseling, parenting classes or joint victim-\n\noffender counseling sessions.\n\n2. The defendant may be required to pay all or any part of the\n\ncost of such treatment or counseling services. The court shall not\n\nbe responsible for such cost.\n\n3. Should the plaintiff choose to undergo treatment or\n\nparticipate in court-approved counseling services for victims of\n\ndomestic abuse, the court may order the defendant to pay all or any\n\npart of the cost of such treatment or counseling services if the\n\ncourt determines that payment by the defendant is appropriate.\n\nF. When necessary to protect the victim and when authorized by\n\nthe court, protective orders granted pursuant to the provisions of\n\nthis section may be served upon the defendant by a peace officer,\n\nsheriff, constable, or policeman or other officer whose duty it is\n\nto preserve the peace, as defined by Section 99 of Title 21 of the\n\nOklahoma Statutes.\n\nG. 1. Any protective order issued on or after November 1,\n\n2012, pursuant to subsection C of this section shall be:\n\na. for a fixed period not to exceed a period of five (5)\nof\n\nthis section may be served upon the defendant by a peace officer,\n\nsheriff, constable, or policeman or other officer whose duty it is\n\nto preserve the peace, as defined by Section 99 of Title 21 of the\n\nOklahoma Statutes.\n\nG. 1. Any protective order issued on or after November 1,\n\n2012, pursuant to subsection C of this section shall be:\n\na. for a fixed period not to exceed a period of five (5)\n\nyears unless extended, modified, vacated or rescinded\n\nupon motion by either party or if the court approves\n\nany consent agreement entered into by the plaintiff\n\nand defendant; provided, if the defendant is\n\nincarcerated, the protective order shall remain in\n\nfull force and effect during the period of\n\nincarceration. The period of incarceration, in any\n\njurisdiction, shall not be included in the calculation\n\nof the five-year time limitation, or\n\nb. continuous upon a specific finding by the court of one\n\nof the following:\n\n(1) the person has a history of violating the orders\n\nof any court or governmental entity,\n\n(2) the person has previously been convicted of a\n\nviolent felony offense,\n\n(3) the person has a previous felony conviction for\n\nstalking as provided in Section 1173 of Title 21\n\nof the Oklahoma Statutes,\n\n(4) a court order for a final Victim Protection Order\n\nhas previously been issued against the person in\n\nthis state or another state, or\n\n(5) the victim provides proof that a continuous\n\nprotective order is necessary for his or her\n\nprotection.\n\nFurther, the court may take into consideration whether the person\n\nhas a history of domestic violence or a history of other violent\n\nacts. The protective order shall remain in effect until modified,\n\nvacated or rescinded upon motion by either party or if the court\n\napproves any consent agreement entered into by the plaintiff and\n\ndefendant. If the defendant is incarcerated, the protective order\n\nshall remain in full force and effect during the period of\n\nincarceration.\n\n2. The court shall notify the parties at the time of the\n\nissuance of the protective order of the duration of the protective\n\norder.\n\n3. Upon the filing of a motion by either party to modify,\n\nextend, or vacate a protective order, a hearing shall be scheduled\n\nand notice given to the parties. At the hearing, the issuing court\n\nmay take such action as is necessary under the circumstances.\n\n4. If a child has been removed from the residence of a parent\n\nor custodial adult because of domestic abuse committed by the child,\n\nthe parent or custodial adult may refuse the return of such child to\n\nthe residence unless, upon further consideration by the court in a\n\njuvenile proceeding, it is determined that the child is no longer a\n\nthreat and should be allowed to return to the residence.\n\nH. 1. It shall be unlawful for any person to knowingly and\n\nwillfully seek a protective order against a spouse or ex-spouse\n\npursuant to the Protection from Domestic Abuse Act for purposes of\n\nharassment, undue advantage, intimidation, or limitation of child\n\nvisitation rights in any divorce proceeding or separation action\n\nwithout justifiable cause.\n\n2. The violator shall, upon conviction thereof, be guilty of a\n\nmisdemeanor punishable by imprisonment in the county jail for a\n\nperiod not exceeding one (1) year or by a fine not to exceed Five\n\nThousand Dollars ($5,000.00), or by both such fine and imprisonment.\n\n3. A second or subsequent conviction under this subsection\n\nshall be a felony punishable by imprisonment in the custody of the\n\nDepartment of Corrections for a period not to exceed two (2) years,\n\nor by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by\n\nboth such fine and imprisonment.\n\nI. 1. A protective order issued under the Protection from\n\nDomestic Abuse Act shall not in any manner affect title to real\n\nproperty, purport to grant to the parties a divorce or otherwise\n\npurport to determine the issues between the parties as to child\nfor a period not to exceed two (2) years,\n\nor by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by\n\nboth such fine and imprisonment.\n\nI. 1. A protective order issued under the Protection from\n\nDomestic Abuse Act shall not in any manner affect title to real\n\nproperty, purport to grant to the parties a divorce or otherwise\n\npurport to determine the issues between the parties as to child\n\ncustody, visitation or visitation schedules, child support or\n\ndivision of property or any other like relief obtainable pursuant to\n\nTitle 43 of the Oklahoma Statutes, except child visitation orders\n\nmay be temporarily suspended or modified to protect from threats of\n\nabuse or physical violence by the defendant or a threat to violate a\n\ncustody order. Orders not affecting title may be entered for good\n\ncause found to protect an animal owned by either of the parties or\n\nany child living in the household.\n\n2. When granting any protective order for the protection of a\n\nminor child from violence or threats of abuse, the court shall allow\n\nvisitation only under conditions that provide adequate supervision\n\nand protection to the child while maintaining the integrity of a\n\ndivorce decree or temporary order.\n\nJ. 1. In order to ensure that a petitioner can maintain an\n\nexisting wireless telephone number or household utility account, the\n\ncourt, after providing notice and a hearing, may issue an order\n\ndirecting a wireless service provider or public utility provider to\n\ntransfer the billing responsibility for and rights to the wireless\n\ntelephone number or numbers of any minor children in the care of the\n\npetitioning party or household utility account to the petitioner if\n\nthe petitioner is not the wireless service or public utility account\n\nholder.\n\n2. The order transferring billing responsibility for and rights\n\nto the wireless telephone number or numbers or household utility\n\naccount to the petitioner shall list the name and billing telephone\n\nnumber of the account holder, the name and contact information of\n\nthe person to whom the telephone number or numbers or household\n\nutility account will be transferred and each telephone number or\n\nhousehold utility to be transferred to that person. The court shall\n\nensure that the contact information of the petitioner is not\n\nprovided to the account holder in proceedings held under this\n\nsubsection.\n\n3. Upon issuance, a copy of the final order of protection shall\n\nbe transmitted, either electronically or by certified mail, to the\n\nregistered agent of the wireless service provider or public utility\n\nprovider listed with the Secretary of State or Corporation\n\nCommission of Oklahoma or electronically to the email address\n\nprovided by the wireless service provider or public utility\n\nprovider. Such transmittal shall constitute adequate notice for the\n\nwireless service provider or public utility provider.\n\n4. If the wireless service provider or public utility provider\n\ncannot operationally or technically effectuate the order due to\n\ncertain circumstances, the wireless service provider or public\n\nutility provider shall notify the petitioner. Such circumstances\n\nshall include, but not be limited to, the following:\n\na. the account holder has already terminated the account,\n\nb. the differences in network technology prevent the\n\nfunctionality of a mobile device on the network, or\n\nc. there are geographic or other limitations on network\n\nor service availability.\n\n5. Upon transfer of billing responsibility for and rights to a\n\nwireless telephone number or numbers or household utility account to\n\nthe petitioner under the provisions of this subsection by a wireless\n\nservice provider or public utility provider, the petitioner shall\n\nassume all financial responsibility for the transferred wireless\n\ntelephone number or numbers or household utility account, monthly\n\nservice and utility billing costs and costs for any mobile device\ness telephone number or numbers or household utility account to\n\nthe petitioner under the provisions of this subsection by a wireless\n\nservice provider or public utility provider, the petitioner shall\n\nassume all financial responsibility for the transferred wireless\n\ntelephone number or numbers or household utility account, monthly\n\nservice and utility billing costs and costs for any mobile device\n\nassociated with the wireless telephone number or numbers. The\n\nwireless service provider or public utility provider shall have the\n\nright to pursue the original account holder for purposes of\n\ncollecting any past due amounts owed to the wireless service\n\nprovider or public utility provider.\n\n6. The provisions of this subsection shall not preclude a\n\nwireless service provider or public utility provider from applying\n\nany routine and customary requirements for account establishment to\n\nthe petitioner as part of this transfer of billing responsibility\n\nfor a household utility account or for a wireless telephone number\n\nor numbers and any mobile devices attached to that number including,\n\nbut not limited to, identification, financial information and\n\ncustomer preferences.\n\n7. The provisions of this subsection shall not affect the\n\nability of the court to apportion the assets and debts of the\n\nparties as provided for in law or the ability to determine the\n\ntemporary use, possession and control of personal property.\n\n8. No cause of action shall lie against any wireless service\n\nprovider or public utility provider, its officers, employees or\n\nagents for actions taken in accordance with the terms of a court\n\norder issued under the provisions of this subsection.\n\n9. As used in this subsection:\n\na. “wireless service provider” means a provider of\n\ncommercial mobile service under Section 332(d) of the\n\nfederal Telecommunications Act of 1996,\n\nb. “public utility provider” means every corporation\n\norganized or doing business in this state that owns,\n\noperates or manages any plant or equipment for the\n\nmanufacture, production, transmission, transportation,\n\ndelivery or furnishing of water, heat or light with\n\ngas or electric current for heat, light or power, for\n\npublic use in this state, and\n\nc. “household utility account” shall include utility\n\nservices for water, heat, light, power or gas that are\n\nprovided by a public utility provider.\n\nK. 1. A court shall not issue any mutual protective orders.\n\n2. If both parties allege domestic abuse by the other party,\n\nthe parties shall do so by separate petitions. The court shall\n\nreview each petition separately in an individual or a consolidated\n\nhearing and grant or deny each petition on its individual merits.\n\nIf the court finds cause to grant both motions, the court shall do\n\nso by separate orders and with specific findings justifying the\n\nissuance of each order.\n\n3. The court may only consolidate a hearing if:\n\na. the court makes specific findings that:\n\n(1) sufficient evidence exists of domestic abuse,\n\nstalking, harassment or rape against each party,\n\nand\n\n(2) each party acted primarily as aggressors,\n\nb. the defendant filed a petition with the court for a\n\nprotective order no less than three (3) days, not\n\nincluding weekends or holidays, prior to the first\n\nscheduled full hearing on the petition filed by the\n\nplaintiff, and\n\nc. the defendant had no less than forty-eight (48) hours\n\nof notice prior to the full hearing on the petition\n\nfiled by the plaintiff.\n\nL. The court may allow a plaintiff or victim to be accompanied\n\nby a victim support person at court proceedings. A victim support\n\nperson shall not make legal arguments; however, a victim support\n\nperson who is not a licensed attorney may offer the plaintiff or\n\nvictim comfort or support and may remain in close proximity to the\n\nplaintiff or victim.","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":"bbf5056c60152ddfca5114eefcf9186ce541566116594d576133152d8fec2591","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-60.4","next":"us-ok/okla.-stat.-tit.-22-22-60.4v2"},"notice":"GroundRules: Original legal text. Not legal advice."}