Oklahoma § 22-60.2 - Protective order - Petition - Complaint requirement for

§ 22-60.2. Protective order - Petition - Complaint requirement for

certain stalking victims - Fees.

A. A victim of domestic abuse, a victim of stalking, a victim

of harassment, a victim of rape, any adult or emancipated minor

household member on behalf of any other family or household member

who is a minor or incompetent, any minor age sixteen (16) or

seventeen (17) years, or any adult victim of a crime may seek relief

under the provisions of the Protection from Domestic Abuse Act.

Oklahoma Statutes - Title 22. Criminal Procedure

1. The person seeking relief may file a petition for a

protective order with the district court in the county in which the

victim resides, the county in which the defendant resides, or the

county in which the domestic violence occurred. If the person

seeking relief is not a family or household member or an individual

who is or has been in a dating relationship with the defendant, the

person seeking relief must file a complaint against the defendant

with the proper law enforcement agency before filing a petition for

a protective order with the district court. The person seeking

relief shall provide a copy of the complaint that was filed with the

law enforcement agency at the full hearing if the complaint is not

available from the law enforcement agency. Failure to provide a

copy of the complaint filed with the law enforcement agency shall

constitute a frivolous filing and the court may assess attorney fees

and court costs against the plaintiff pursuant to paragraph 2 of

subsection C of this section. The filing of a petition for a

protective order shall not require jurisdiction or venue of the

criminal offense if either the plaintiff or defendant resides in the

county. If a petition has been filed in an action for divorce or

separate maintenance and either party to the action files a petition

for a protective order in the same county where the action for

divorce or separate maintenance is filed, the petition for the

protective order may be heard by the court hearing the divorce or

separate maintenance action if:

a.

there is no established protective order docket in

such court, or

b.

the court finds that, in the interest of judicial

economy, both actions may be heard together; provided,

however, the petition for a protective order,

including, but not limited to, a petition in which

children are named as petitioners, shall remain a

separate action and a separate order shall be entered

in the protective order action. Protective orders may

be dismissed in favor of restraining orders in the

divorce or separate maintenance action if the court

specifically finds, upon hearing, that such dismissal

is in the best interests of the parties and does not

compromise the safety of any petitioner.

If the defendant is a minor child, the petition shall be filed

with the court having jurisdiction over juvenile matters.

2. When the abuse occurs when the court is not open for

business, such person may request an emergency temporary order of

protection as authorized by Section 40.3 of this title.

B. The petition forms shall be provided by the clerk of the

court. The Administrative Office of the Courts shall develop a

standard form for the petition.

Oklahoma Statutes - Title 22. Criminal Procedure

C. 1. Except as otherwise provided by this section, no filing

fee, service of process fee, attorney fees or any other fee or costs

shall be charged the plaintiff or victim at any time for filing a

petition for a protective order whether a protective order is

granted or not granted. The court may assess court costs, service

of process fees, attorney fees, other fees and filing fees against

the defendant at the hearing on the petition, if a protective order

is granted against the defendant; provided, the court shall have

authority to waive the costs and fees if the court finds that the

party does not have the ability to pay the costs and fees.

2. If the court makes specific findings that a petition for a

protective order has been filed frivolously and no victim exists,

the court may assess attorney fees and court costs against the

plaintiff.

D. The person seeking relief shall prepare the petition or, at

the request of the plaintiff, the court clerk or the victim-witness

coordinator, victim support person, and court case manager shall

prepare or assist the plaintiff in preparing the petition.

E. The person seeking a protective order may further request

the exclusive care, possession, or control of any animal owned,

possessed, leased, kept, or held by either the petitioner, defendant

or minor child residing in the residence of the petitioner or

defendant. The court may order the defendant to make no contact

with the animal and forbid the defendant from taking, transferring,

encumbering, concealing, molesting, attacking, striking,

threatening, harming, or otherwise disposing of the animal.

F. A court may not require the victim to seek legal sanctions

against the defendant including, but not limited to, divorce,

separation, paternity or criminal proceedings prior to hearing a

petition for protective order.

G. A victim of rape, forcible sodomy, a sex offense,

kidnapping, assault and battery with a deadly weapon, child abuse,

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

murder, as such terms are defined in Section 40 of this title, may

petition, or have a petition filed on the victim’s behalf if the

victim is a minor, for an emergency temporary order or emergency ex

parte order regardless of any relationship or scenario pursuant to

the provisions of this section. The Administrative Office of the

Courts shall modify the petition forms as necessary to effectuate

the provisions of this subsection.

Added by Laws 1982, c. 255, § 3, eff. Oct. 1, 1982. Amended by Laws

1983, c. 290, § 1, eff. Nov. 1, 1983; Laws 1991, c. 112, § 3, eff.

Sept. 1, 1991; Laws 1992, c. 42, § 2, eff. Sept. 1, 1992; Laws 1993,

c. 325, § 15, eff. Sept. 1, 1993; Laws 1994, c. 290, § 55, eff. July

1, 1994; Laws 1996, c. 247, § 30, eff. July 1, 1996; Laws 1997, c.

403, § 7, eff. Nov. 1, 1997; Laws 2000, c. 370, § 6, eff. July 1,

2000; Laws 2001, c. 279, § 3, eff. Nov. 1, 2001; Laws 2003, c. 407,

Oklahoma Statutes - Title 22. Criminal Procedure

§ 2, eff. Nov. 1, 2003; Laws 2006, c. 302, § 1, eff. Nov. 1, 2006;

Laws 2008, c. 189, § 1, eff. Nov. 1, 2008; Laws 2010, c. 116, § 3,

eff. Nov. 1, 2010; Laws 2013, c. 198, § 1, eff. Nov. 1, 2013; Laws

2019, c. 113, § 1, eff. Nov. 1, 2019; Laws 2022, c. 318, § 6, eff.

Nov. 1, 2022; Laws 2023, c. 305, § 1, eff. Nov. 1, 2023.