Oklahoma § 22-40.3 - Emergency temporary order of protection

§ 22-40.3. Emergency temporary order of protection

A. When the court is not open for business, the victim of

domestic violence, stalking, harassment, rape, forcible sodomy, a

sex offense, kidnapping or assault and battery with a deadly weapon

or member of the immediate family of a victim of first-degree murder

may request a petition for an emergency temporary order of

protection. The peace officer making the preliminary investigation

shall:

1. Provide the victim or member of the immediate family of a

victim of first-degree murder with a petition for an emergency

temporary order of protection and, if necessary, assist the victim

or member of the immediate family of a victim of first-degree murder

in completing the petition form. The petition shall be in

substantially the same form as provided by Section 60.2 of this

title for a petition for protective order in domestic abuse cases;

2. Immediately notify, by telephone or otherwise, a judge of

the district court of the request for an emergency temporary order

of protection and describe the circumstances. The judge shall

inform the peace officer of the decision to approve or disapprove

the emergency temporary order;

3. Inform the victim or member of the immediate family of a

victim of first-degree murder whether the judge has approved or

disapproved the emergency temporary order. If an emergency

temporary order has been approved, the peace officer shall provide

the victim, or a responsible adult if the victim is a minor child or

Oklahoma Statutes - Title 22. Criminal Procedure

an incompetent person or member of the immediate family of a victim

of first-degree murder, with a copy of the petition and a written

statement signed by the peace officer attesting that the judge has

approved the emergency temporary order of protection;

4. Notify the person subject to the emergency temporary

protection order of the issuance and conditions of the order, if

known. Notification pursuant to this paragraph may be made

personally by the peace officer upon arrest or, upon identification

of the assailant, notice shall be given by any law enforcement

officer. A copy of the petition and the statement of the peace

officer attesting to the order of the judge shall be made available

to the person; and

5. Make every attempt to serve the subject of the order and

complete a return of service when filing the petition with the

district court. If the peace officer is unable to obtain service,

the petition shall be filed by a peace officer with the district

court the next business day. The court clerk shall receive the

petition upon delivery by the peace officer and document the hearing

date and time assigned to the case as documented by the peace

officer. If the court clerk observes that service has not been

obtained, the petition shall still be filed by the court clerk and

issued to the appropriate office of the county sheriff to obtain

service with priority.

B. The forms utilized by law enforcement agencies in carrying

out the provisions of this section may be substantially similar to

those used under Section 60.2 of this title.

Added by Laws 1982, c. 220, § 4. Amended by Laws 1986, c. 197, § 5,

eff. Nov. 1, 1986; Laws 1993, c. 325, § 14, eff. Sept. 1, 1993; Laws

1997, c. 368, § 1, eff. Nov. 1, 1997; Laws 2000, c. 370, § 3, eff.

July 1, 2000; Laws 2002, c. 466, § 4, emerg. eff. June 5, 2002; Laws

2010, c. 116, § 1, eff. Nov. 1, 2010; Laws 2015, c. 206, § 4, eff.

Nov. 1, 2015; Laws 2016, c. 183, § 4, eff. Nov. 1, 2016; Laws 2025,

c. 167, § 1, eff. July 1, 2025.

§22-40.3A. Reporting of rape, sodomy, or sexual assault incidents –

Referral of victim to services programs – Production of records to

law enforcement officers.

A. Any physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

or is reported by the victim to be rape, rape by instrumentation or

forcible sodomy, as defined in Section 1111, 1111.1 or 888 of Title

21 of the Oklahoma Statutes or any form of sexual assault, shall not

be required to report any incident of what appears to be or is

reported to be such crimes if:

1. Committed upon a person who is over the age of eighteen (18)

years; and

Oklahoma Statutes - Title 22. Criminal Procedure

2. The person is not an incapacitated adult.

B. Any physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating a victim shall be required to

report any incident of what appears to be or is reported to be rape,

rape by instrumentation, forcible sodomy or any form of sexual

assault, if requested to do so either orally or in writing by the

victim and shall be required to inform the victim of the victim's

right to have a report made. A requested report of any incident

shall be promptly made orally or by telephone to the nearest law

enforcement agency in the county wherein the sexual assault occurred

or, if the location where the sexual assault occurred is unknown,

the report shall be made to the law enforcement agency nearest to

the location where the injury is treated.

C. In all cases of what appears to be or is reported to be

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

such crimes, shall clearly and legibly document the incident and

injuries observed and reported, as well as any treatment provided or

prescribed.

D. In all cases of what appears to be or is reported to be

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, the physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

examining, attending, or treating the victim of what appears to be

rape, rape by instrumentation, forcible sodomy or any form of sexual

assault, shall refer the victim to sexual assault and victim

services programs, including providing the victim with twenty-fourhour statewide telephone communication service established by

Section 18p-5 of Title 74 of the Oklahoma Statutes.

E. Every physician, surgeon, resident, intern, physician

assistant, registered nurse, or any other health care professional

making a report of rape, rape by instrumentation, forcible sodomy or

any form of sexual assault pursuant to this section or examining

such victims to determine the likelihood of such crimes, and every

hospital or related institution in which the victims were examined

or treated shall, upon the request of a law enforcement officer

conducting a criminal investigation into the case, provide to the

officer copies of the results of the examination or copies of the

examination on which the report was based, and any other clinical

notes, X-rays, photographs, and other previous or current records

relevant to the case.

Added by Laws 2009, c. 71, § 2, eff. Nov. 1, 2009. Amended by Laws

2009, c. 233, § 109, emerg. eff. May 21, 2009.

Oklahoma Statutes - Title 22. Criminal Procedure