{"data":{"id":"us-ok/okla.-stat.-tit.-22-22-60.6v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 22, § 22-60.6v2","heading":"Violation of emergency temporary, ex parte or final","body":"protective order - Penalties.\n\nA. Except as otherwise provided by this section, any person\n\nwho:\n\n1. Has been served with an emergency temporary, ex parte or\n\nfinal protective order or foreign protective order and is in\n\nviolation of such protective order, upon conviction, shall be guilty\n\nof a misdemeanor and shall be punished by a fine of not more than\n\nOne Thousand Dollars ($1,000.00) or by a term of imprisonment in the\n\ncounty jail of not more than one (1) year, or by both such fine and\n\nimprisonment; and\n\n2. After a previous conviction of a violation of a protective\n\norder, is convicted of a second or subsequent offense pursuant to\n\nthe provisions of this section shall, upon conviction, be guilty of\n\na Class D1 felony offense and shall be punished by a term of\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, or by a fine of not less\n\nthan Two Thousand Dollars ($2,000.00) nor more than Ten Thousand\n\nDollars ($10,000.00), or by both such fine and imprisonment.\n\nB. 1. Any person who has been served with an emergency\n\ntemporary, ex parte or final protective order or foreign protective\n\norder who violates the protective order and causes physical injury\n\nor physical impairment to the plaintiff or to any other person named\n\nin said protective order shall, upon conviction, be guilty of a\n\nmisdemeanor and shall be punished by a term of imprisonment in the\n\ncounty jail for not less than twenty (20) days nor more than one (1)\n\nyear. In addition to the term of imprisonment, the person may be\n\npunished by a fine not to exceed Five Thousand Dollars ($5,000.00).\n\n2. Any person who is convicted of a second or subsequent\n\nviolation of a protective order which causes physical injury or\n\nphysical impairment to a plaintiff or to any other person named in\n\nthe protective order shall be guilty of a Class D1 felony offense\n\nand shall be punished by a term of imprisonment in the custody of\n\nthe Department of Corrections of not less than one (1) year nor more\n\nthan five (5) years, or by a fine of not less than Three Thousand\n\nDollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00),\n\nor by both such fine and imprisonment.\n\n3. In determining the term of imprisonment required by this\n\nsection, the jury or sentencing judge shall consider the degree of\n\nphysical injury or physical impairment to the victim.\n\n4. The provisions of this subsection shall not affect the\n\napplicability of Sections 644, 645, 647 and 652 of Title 21 of the\n\nOklahoma Statutes.\n\nC. The minimum sentence of imprisonment issued pursuant to the\n\nprovisions of paragraph 2 of subsection A and paragraph 2 of\n\nsubsection B of this section shall not be subject to statutory\n\nprovisions for suspended sentences, deferred sentences or probation,\n\nprovided the court may subject any remaining penalty under the\n\njurisdiction of the court to the statutory provisions for suspended\n\nsentences, deferred sentences or probation.\n\nD. In addition to any other penalty specified by this section,\n\nthe court shall require a defendant to undergo the treatment or\n\nparticipate in the counseling services necessary to bring about the\n\ncessation of domestic abuse against the victim or to bring about the\n\ncessation of stalking or harassment of the victim. For every\n\nconviction of violation of a protective order:\n\n1. The court shall specifically order as a condition of a\n\nsuspended sentence or probation that a defendant participate in\n\ncounseling or undergo treatment to bring about the cessation of\n\ndomestic abuse as specified in paragraph 2 of this subsection;\n\n2. a. The court shall require the defendant to participate\n\nin counseling or undergo treatment for domestic abuse\n\nby an individual licensed practitioner or a domestic\n\nabuse treatment program certified by the Attorney\n\nGeneral. If the defendant is ordered to participate\n\nin a domestic abuse counseling or treatment program,\nsation of\n\ndomestic abuse as specified in paragraph 2 of this subsection;\n\n2. a. The court shall require the defendant to participate\n\nin counseling or undergo treatment for domestic abuse\n\nby an individual licensed practitioner or a domestic\n\nabuse treatment program certified by the Attorney\n\nGeneral. If the defendant is ordered to participate\n\nin a domestic abuse counseling or treatment program,\n\nthe order shall require the defendant to attend the\n\nprogram for a minimum of fifty-two (52) weeks,\n\ncomplete the program, and be evaluated before and\n\nafter attendance of the program by a program counselor\n\nor a private counselor.\n\nb. A program for anger management, couples counseling, or\n\nfamily and marital counseling shall not solely qualify\n\nfor the counseling or treatment requirement for\n\ndomestic abuse pursuant to this subsection. The\n\ncounseling may be ordered in addition to counseling\n\nspecifically for the treatment of domestic abuse or\n\nper evaluation as set forth below. If, after\n\nsufficient evaluation and attendance at required\n\ncounseling sessions, the domestic violence treatment\n\nprogram or licensed professional determines that the\n\ndefendant does not evaluate as a perpetrator of\n\ndomestic violence or does evaluate as a perpetrator of\n\ndomestic violence and should complete other programs\n\nof treatment simultaneously or prior to domestic\n\nviolence treatment, including but not limited to\n\nprograms related to the mental health, apparent\n\nsubstance or alcohol abuse or inability or refusal to\n\nmanage anger, the defendant shall be ordered to\n\ncomplete the counseling as per the recommendations of\n\nthe domestic violence treatment program or licensed\n\nprofessional;\n\n3. a. The court shall set a review hearing no more than one\n\nhundred twenty (120) days after the defendant is\n\nordered to participate in a domestic abuse counseling\n\nprogram or undergo treatment for domestic abuse to\n\nassure the attendance and compliance of the defendant\n\nwith the provisions of this subsection and the\n\ndomestic abuse counseling or treatment requirements.\n\nb. The court shall set a second review hearing after the\n\ncompletion of the counseling or treatment to assure\n\nthe attendance and compliance of the defendant with\n\nthe provisions of this subsection and the domestic\n\nabuse counseling or treatment requirements. The court\n\nmay suspend sentencing of the defendant until the\n\ndefendant has presented proof to the court of\n\nenrollment in a program of treatment for domestic\n\nabuse by an individual licensed practitioner or a\n\ndomestic abuse treatment program certified by the\n\nAttorney General and attendance at weekly sessions of\n\nsuch program. Such proof shall be presented to the\n\ncourt by the defendant no later than one hundred\n\ntwenty (120) days after the defendant is ordered to\n\nsuch counseling or treatment. At such time, the court\n\nmay complete sentencing, beginning the period of the\n\nsentence from the date that proof of enrollment is\n\npresented to the court, and schedule reviews as\n\nrequired by subparagraphs a and b of this paragraph\n\nand paragraphs 4 and 5 of this subsection. The court\n\nshall retain continuing jurisdiction over the\n\ndefendant during the course of ordered counseling\n\nthrough the final review hearing;\n\n4. The court may set subsequent or other review hearings as the\n\ncourt determines necessary to assure the defendant attends and fully\n\ncomplies with the provisions of this subsection and the domestic\n\nabuse counseling or treatment requirements;\n\n5. At any review hearing, if the defendant is not\n\nsatisfactorily attending individual counseling or a domestic abuse\n\ncounseling or treatment program or is not in compliance with any\n\ndomestic abuse counseling or treatment requirements, the court may\n\norder the defendant to further or continue counseling, treatment, or\n\ntment requirements;\n\n5. At any review hearing, if the defendant is not\n\nsatisfactorily attending individual counseling or a domestic abuse\n\ncounseling or treatment program or is not in compliance with any\n\ndomestic abuse counseling or treatment requirements, the court may\n\norder the defendant to further or continue counseling, treatment, or\n\nother necessary services. The court may revoke all or any part of a\n\nsuspended sentence, deferred sentence, or probation pursuant to\n\nSection 991b of this title and subject the defendant to any or all\n\nremaining portions of the original sentence;\n\n6. At the first review hearing, the court shall require the\n\ndefendant to appear in court. Thereafter, for any subsequent review\n\nhearings, the court may accept a report on the progress of the\n\ndefendant from individual counseling, domestic abuse counseling, or\n\nthe treatment program. There shall be no requirement for the victim\n\nto attend review hearings; and\n\n7. If funding is available, a referee may be appointed and\n\nassigned by the presiding judge of the district court to hear\n\ndesignated cases set for review under this subsection. Reasonable\n\ncompensation for the referees shall be fixed by the presiding judge.\n\nThe referee shall meet the requirements and perform all duties in\n\nthe same manner and procedure as set forth in Sections 1-8-103 and\n\n2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees\n\nappointed in juvenile proceedings.\n\nE. Emergency temporary, ex parte and final protective orders\n\nshall include notice of these penalties.\n\nF. When a minor child violates the provisions of any protective\n\norder, the violation shall be heard in a juvenile proceeding and the\n\ncourt may order the child and the parent or parents of the child to\n\nparticipate in family counseling services necessary to bring about\n\nthe cessation of domestic abuse against the victim and may order\n\ncommunity service hours to be performed in lieu of any fine or\n\nimprisonment authorized by this section.\n\nG. Any district court of this state and any judge thereof shall\n\nbe immune from any liability or prosecution for issuing an order\n\nthat requires a defendant to:\n\n1. Attend a treatment program for domestic abusers certified by\n\nthe Attorney General;\n\n2. Attend counseling or treatment services ordered as part of\n\nany final protective order or for any violation of a protective\n\norder; and\n\n3. Attend, complete, and be evaluated before and after\n\nattendance by a treatment program for domestic abusers certified by\n\nthe Attorney General.\n\nH. At no time, under any proceeding, may a person protected by\n\na protective order be held to be in violation of that protective\n\norder. Only a defendant against whom a protective order has been\n\nissued may be held to have violated the order.\n\nI. In addition to any other penalty specified by this section,\n\nthe court may order a defendant to use an active, real-time, twenty-\n\nfour-hour Global Positioning System (GPS) monitoring device as a\n\ncondition of a sentence. The court may further order the defendant\n\nto pay costs and expenses related to the GPS device and monitoring.","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":"c29e2e1becc4df69c6eceae1019c34c04071062136eacafd67cd2b7ca979e716","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-22-22-60.6v1","next":"us-ok/okla.-stat.-tit.-22-22-60.7"},"notice":"GroundRules: Original legal text. Not legal advice."}