Oklahoma § 22-60.11 - Protective order – Statement required - Validity

§ 22-60.11. Protective order – Statement required - Validity

In addition to any other provisions required by the Protection

from Domestic Abuse Act, or otherwise required by law, each ex parte

or final protective order issued pursuant to the Protection from

Domestic Abuse Act shall have a statement printed in bold-faced type

or in capital letters containing the following information:

1. The filing or nonfiling of criminal charges and the

prosecution of the case shall not be determined by a person who is

protected by the protective order, but shall be determined by the

prosecutor;

2. No person, including a person who is protected by the order,

may give permission to anyone to ignore or violate any provision of

the order. During the time in which the order is valid, every

provision of the order shall be in full force and effect unless a

court changes the order;

3. The order shall be in effect for a fixed period of five (5)

years unless extended, modified, vacated or rescinded by the court

or shall be continuous upon a specific finding by the court as

provided in subparagraph b of paragraph 1 of subsection G of Section

60.4 of this title unless modified, vacated or rescinded by the

court;

4. The order shall be entered into the National Crime

Information Center (NCIC) database;

Oklahoma Statutes - Title 22. Criminal Procedure

5. A violation of the order is punishable by a fine of up to

One Thousand Dollars ($1,000.00) or imprisonment for up to one (1)

year in the county jail, or by both such fine and imprisonment. A

violation of the order which causes injury is punishable by

imprisonment for twenty (20) days to one (1) year in the county jail

or a fine of up to Five Thousand Dollars ($5,000.00), or by both

such fine and imprisonment;

6. Possession of a firearm or ammunition by a defendant while

an order is in effect may subject the defendant to prosecution for a

violation of federal law even if the order does not specifically

prohibit the defendant from possession of a firearm or ammunition;

7. The defendant must avoid the residence of the petitioner or

any premises temporarily occupied by the petitioner;

8. The defendant must avoid contact that harasses or

intimidates the petitioner. Contact includes, but is not limited

to, contact at the home, work, or school of the petitioner, public

places, in person, by phone, in writing, by electronic communication

or device, or in any other manner;

9. The defendant shall not impersonate or adopt the

personification of the petitioner by pretending to be the

petitioner, ordering items, posting information or making inquiries,

or publishing photographs of the petitioner, by use of social media,

or by use of computer, telephone, texting, emailing, or by use of

any electronic means;

10. The defendant must refrain from removing, hiding, damaging,

harming, mistreating, or disposing of a household pet;

11. The defendant must allow the petitioner or a family member

or household member of the petitioner acting on his or her behalf to

retrieve a household pet;

12. The defendant must avoid contacting the petitioner or

causing any person other than an attorney for the petitioner or law

enforcement officer to contact the petitioner unless the petitioner

consents in writing; and

13. The sheriff will accompany the petitioner and assist in

placing the petitioner in physical possession of his or her

residence, if requested.

Added by Laws 1995, c. 297, § 3, eff. Nov. 1, 1995. Amended by Laws

1999, c. 97, § 3, eff. Nov. 1, 1999; Laws 1999, c. 417, § 4, emerg.

eff. June 10, 1999; Laws 2003, c. 407, § 5, eff. Nov. 1, 2003; Laws

2012, c. 313, § 2, eff. Nov. 1, 2012; Laws 2022, c. 318, § 8, eff.

Nov. 1, 2022.