{"data":{"id":"us-ok/okla.-stat.-tit.-43-43-110","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 43, § 43-110","heading":"Automatic temporary injunction – Temporary orders","body":"A. 1. Except as otherwise provided by this subsection, upon\n\nthe filing of a petition for dissolution of marriage, annulment of a\n\nmarriage or legal separation by the petitioner and upon personal\n\nservice of the petition and summons on the respondent, or upon\n\nwaiver and acceptance of service by the respondent, an automatic\n\ntemporary injunction shall be in effect against both parties\n\npursuant to the provisions of this section:\n\na. restraining the parties from transferring,\n\nencumbering, concealing, or in any way disposing of,\n\nwithout the written consent of the other party or an\n\norder of the court, any marital property, except in\n\nthe usual course of business, for the purpose of\n\nretaining an attorney for the case or for the\n\nnecessities of life and requiring each party to notify\n\nthe other party of any proposed extraordinary\n\nexpenditures and to account to the court for all\n\nextraordinary expenditures made after the injunction\n\nis in effect,\n\nb. restraining the parties from:\n\n(1) intentionally or knowingly damaging or destroying\n\nthe tangible property of the parties, or of\n\neither of them, specifically including, but not\n\nlimited to, any electronically stored materials,\n\nelectronic communications, social network data,\n\nfinancial records, and any document that\n\nrepresents or embodies anything of value,\n\n(2) making any withdrawal for any purpose from any\n\nretirement, profit-sharing, pension, death, or\n\nother employee benefit plan or employee savings\n\nplan or from any individual retirement account or\n\nKeogh account,\n\n(3) withdrawing or borrowing in any manner all or any\n\npart of the cash surrender value of any life\n\ninsurance policies on either party or their\n\nchildren,\n\n(4) changing or in any manner altering the\n\nbeneficiary designation on any life insurance\n\npolicies on the life of either party or any of\n\ntheir children,\n\n(5) canceling, altering, or in any manner affecting\n\nany casualty, automobile, or health insurance\n\npolicies insuring the parties' property or\n\npersons,\n\n(6) opening or diverting mail addressed to the other\n\nparty, and\n\n(7) signing or endorsing the other party's name on\n\nany negotiable instrument, check, or draft, such\n\nas tax refunds, insurance payments, and\n\ndividends, or attempting to negotiate any\n\nnegotiable instruments payable to either party\n\nwithout the personal signature of the other\n\nparty,\n\nc. requiring the parties to maintain all presently\n\nexisting health, property, life and other insurance\n\nwhich the individual is presently carrying on any\n\nmember of this family unit, and to cooperate as\n\nnecessary in the filing and processing of claims. Any\n\nemployer-provided health insurance currently in\n\nexistence shall remain in full force and effect for\n\nall family members,\n\nd. enjoining both parties from molesting or disturbing\n\nthe peace of the other party or of the children to the\n\nmarriage,\n\ne. restraining both parties from disrupting or\n\nwithdrawing their children from an educational\n\nfacility and programs where the children historically\n\nhave been enrolled, or day care,\n\nf. restraining both parties from hiding or secreting\n\ntheir children from the other party,\n\ng. restraining both parties from removing the minor\n\nchildren of the parties, if any, beyond the\n\njurisdiction of the State of Oklahoma, acting directly\n\nor in concert with others, except for vacations of two\n\n(2) weeks or less duration, without the prior written\n\nconsent of the other party, which shall not be\n\nunreasonably withheld, and\n\nh. requiring, unless otherwise agreed upon by the parties\n\nin writing, the delivery by each party to the other\n\nwithin thirty (30) days from the earlier of either the\n\ndate of service of the summons or the filing of an\n\ninitial pleading by the respondent, the following\n\ndocuments:\nless duration, without the prior written\n\nconsent of the other party, which shall not be\n\nunreasonably withheld, and\n\nh. requiring, unless otherwise agreed upon by the parties\n\nin writing, the delivery by each party to the other\n\nwithin thirty (30) days from the earlier of either the\n\ndate of service of the summons or the filing of an\n\ninitial pleading by the respondent, the following\n\ndocuments:\n\n(1) the federal and state income tax returns of each\n\nparty for the past two (2) years and any\n\nnonpublic, limited partnership and privately held\n\ncorporate returns for any entity in which either\n\nparty has an interest, together with all\n\nsupporting documentation for the tax returns,\n\nincluding but not limited to W-2 forms, 1099\n\nforms, K-1 forms, Schedule C and Schedule E. If\n\na return is not completed at the time of\n\ndisclosure, the parties shall provide the\n\ndocuments necessary to prepare the tax return of\n\nthe party, to include W-2 forms, 1099 forms, K-1\n\nforms, copies of extension requests and estimated\n\ntax payments,\n\n(2) two (2) months of the most recent pay stubs from\n\neach employer for whom the party worked,\n\n(3) statements for the past six (6) months for all\n\nbank accounts held in the name of either party\n\nindividually or jointly, or in the name of\n\nanother person for the benefit of either party,\n\nor held by either party for the benefit of the\n\nminor child or children of the parties,\n\n(4) documentation regarding the cost and nature of\n\navailable health insurance coverage for the\n\nbenefit of either party or the minor child or\n\nchildren of the parties,\n\n(5) documentation regarding the cost and nature of\n\nemployment or educationally related child care\n\nexpenses incurred for the benefit of the minor\n\nchild or children of the parties, and\n\n(6) documentation regarding all debts in the name of\n\neither party individually or jointly, showing the\n\nmost recent balance due and payment terms.\n\n2. If either party is not in possession of a document required\n\npursuant to subparagraph h of paragraph 1 of this subsection or has\n\nnot been able to obtain the document in a timely fashion, the party\n\nshall state in verified writing, under the penalty of perjury, the\n\nspecific document which is not available, the reasons the document\n\nis not available, and what efforts have been made to obtain the\n\ndocument. As more information becomes available, there is a\n\ncontinuing duty to supplement the disclosures.\n\n3. Nothing in this subsection shall prohibit a party from\n\nconducting further discovery pursuant to the Oklahoma Discovery\n\nCode.\n\n4. a. The provisions of the automatic temporary injunction\n\nshall be printed as an attachment to the summons and\n\nthe petition and entitled \"Automatic Temporary\n\nInjunction Notice\".\n\nb. The automatic temporary injunction notice shall\n\ncontain a provision which will allow the parties to\n\nwaive the automatic temporary injunction. In\n\naddition, the provision must state that unless both\n\nparties have agreed and have signed their names in the\n\nspace provided, that the automatic temporary\n\ninjunction will be effective. Along with the waiver\n\nprovision, the notice shall contain a check box and\n\nspace available for the signatures of the parties.\n\n5. The automatic temporary injunction shall become an order of\n\nthe court upon fulfillment of the requirements of paragraph 1 of\n\nthis subsection unless and until:\n\na. the automatic temporary injunction is waived by the\n\nparties. Both parties must indicate on the automatic\n\ntemporary injunction notice in the space provided that\n\nthe parties have both agreed to waive the automatic\n\ntemporary injunction. Each party must sign his or her\n\nown name on the notice in the space provided, or\n\nb. a party, no later than three (3) days after service on\n\nthe party, files an objection to the injunction and\n\nrequests a hearing. Provided, the automatic temporary\n\ninjunction shall remain in effect until the hearing\nhe space provided that\n\nthe parties have both agreed to waive the automatic\n\ntemporary injunction. Each party must sign his or her\n\nown name on the notice in the space provided, or\n\nb. a party, no later than three (3) days after service on\n\nthe party, files an objection to the injunction and\n\nrequests a hearing. Provided, the automatic temporary\n\ninjunction shall remain in effect until the hearing\n\nand a judge orders the injunction removed.\n\n6. The automatic temporary injunction shall be dissolved upon\n\nthe granting of the dissolution of marriage, final order of legal\n\nseparation or other final order.\n\n7. Nothing in this subsection shall preclude either party from\n\napplying to the court for further temporary orders, pursuant to this\n\nsection, an expanded automatic temporary injunction, or modification\n\nor revocation thereto.\n\n8. a. With regard to an automatic temporary injunction, when\n\na petition for dissolution of marriage, annulment of a\n\nmarriage, or a legal separation is filed and served, a\n\npeace officer shall use every reasonable means to\n\nenforce the injunction which enjoins both parties from\n\nmolesting or disturbing the peace of the other party\n\nor the children of the marriage against a petitioner\n\nor respondent, whenever:\n\n(1) there is exhibited by a respondent or by the\n\npetitioner to the peace officer a copy of the\n\npetition or summons, with an attached Temporary\n\nInjunction Notice, duly filed and issued pursuant\n\nto this section, together with a certified copy\n\nof the affidavit of service of process or a\n\ncertified copy of the waiver and acceptance of\n\nservice, and\n\n(2) the peace officer has cause to believe that a\n\nviolation of the automatic temporary injunction\n\nhas occurred.\n\nb. A peace officer shall not be held civilly or\n\ncriminally liable for his or her action pursuant to\n\nthis paragraph if his or her action is in good faith\n\nand without malice.\n\nB. After a petition has been filed in an action for dissolution\n\nof marriage or legal separation either party may request the court\n\nto issue:\n\n1. A temporary order:\n\na. regarding child custody, support or visitation,\n\nb. regarding spousal maintenance,\n\nc. regarding payment of debt,\n\nd. regarding possession of property,\n\ne. regarding attorney fees, and\n\nf. providing other injunctive relief proper in the\n\ncircumstances.\n\nAll applications for temporary orders shall set forth the\n\nfactual basis for the application and shall be verified by the party\n\nseeking relief. The application and a notice of hearing shall be\n\nserved on the other party in any manner provided for in the Rules of\n\nCivil Procedure;\n\n2. A temporary order. If domestic abuse is not alleged, when\n\nsetting a hearing to enter temporary orders, the court shall conduct\n\na substantive hearing and issue a ruling on custody, visitation,\n\nchild support, and other ancillary matters, including property. The\n\ncourt shall schedule the hearing to take place within thirty (30)\n\ndays from the date that the application for temporary orders is\n\npresented to the court for scheduling by the moving party, unless\n\nthe parties agree in writing to waive this requirement, and said\n\nagreement is memorialized by an order of the court. The moving\n\nparty shall provide at least five (5) days' notice of hearing to the\n\nnonmoving party;\n\n3. A temporary order. In an application for a temporary order,\n\nany party alleging acts of domestic abuse, as defined by Section 109\n\nof this title, against the other party, or the minor child or\n\nchildren at issue and either of the following are present:\n\na. the moving party has been granted a temporary or\n\npermanent order of protection against the other party\n\nfor domestic abuse committed against the moving party\n\nor the minor child or children at issue, or\n\nb. the party against whom domestic violence has been\n\nalleged has been charged in any criminal proceeding,\ny, or the minor child or\n\nchildren at issue and either of the following are present:\n\na. the moving party has been granted a temporary or\n\npermanent order of protection against the other party\n\nfor domestic abuse committed against the moving party\n\nor the minor child or children at issue, or\n\nb. the party against whom domestic violence has been\n\nalleged has been charged in any criminal proceeding,\n\nwithin the past five (5) years, with an act of\n\ndomestic abuse wherein the moving party or a child of\n\nthe party alleging domestic abuse is the victim,\n\nthe court shall set a hearing upon application within ten (10) days\n\nof filing, with the moving party providing five (5) days' notice of\n\nhearing to the nonmoving party unless waived by both parties, and\n\nmemorialized by an order of the court. The court shall conduct a\n\nsubstantive hearing and issue a ruling on custody, visitation, child\n\nsupport, and other ancillary matters, including property. The\n\nrequesting party shall attach a certified copy of the emergency\n\nprotective order, probable cause affidavit, or charging information,\n\nif available, to the temporary orders application;\n\n4. A temporary restraining order. If the court finds on the\n\nbasis of a verified application and testimony of witnesses that\n\nirreparable harm will result to the moving party, or a child of a\n\nparty if no order is issued before the adverse party or attorney for\n\nthe adverse party can be heard in opposition, the court may issue a\n\ntemporary restraining order which shall become immediately effective\n\nand enforceable without requiring notice and opportunity to be heard\n\nto the other party. Provided, for the purposes of this section, no\n\nminor child or children temporarily residing in a licensed,\n\ncertified domestic violence shelter in the state shall be removed by\n\nan ex parte order. If a temporary restraining order is issued\n\npursuant to this paragraph, the motion for a temporary order shall\n\nbe set within ten (10) days, but such hearing shall not be heard\n\nunless five (5) days' notice of hearing is given to the other party.\n\nC. Any temporary orders and the automatic temporary injunction,\n\nor specific terms thereof, may be vacated or modified prior to or in\n\nconjunction with a final decree on a showing by either party of\n\nfacts necessary for vacation or modification. Temporary orders and\n\nthe automatic temporary injunction terminate when the final judgment\n\non all issues, except attorney fees and costs, is rendered or when\n\nthe action is dismissed. The court may reserve jurisdiction to rule\n\non an application for a contempt citation for a violation of a\n\ntemporary order or the automatic temporary injunction which is filed\n\nany time prior to the time the temporary order or injunction\n\nterminates.\n\nD. Upon granting a decree of dissolution of marriage, annulment\n\nof a marriage, or legal separation, the court may require either\n\nparty to pay such reasonable expenses of the other as may be just\n\nand proper under the circumstances.\n\nE. The court may in its discretion make additional orders\n\nrelative to the expenses of any such subsequent actions, including\n\nbut not limited to writs of habeas corpus, brought by the parties or\n\ntheir attorneys, for the enforcement or modification of any\n\ninterlocutory or final orders in the dissolution of marriage action\n\nmade for the benefit of either party or their respective attorneys.\n\nR.L. 1910, § 4967. Amended by Laws 1965, c. 7, § 1, emerg. eff.\n\nFeb. 9, 1965; Laws 1976, c. 256, § 1. Renumbered from § 1276 of\n\nTitle 12 by Laws 1989, c. 333, § 1, eff. Nov. 1, 1989. Amended by","path":["OK Code","Title 43"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os43.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"a1d7ea944fd468aee89a3fb6cc96536d298a2fdc6aa498725ac88834458d8448","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-43-43-11","next":"us-ok/okla.-stat.-tit.-43-43-110.1"},"notice":"GroundRules: Original legal text. Not legal advice."}