Oklahoma § 22-60.23 - Judicial enforcement of foreign protection order

§ 22-60.23. Judicial enforcement of foreign protection order

A. A person authorized by the law of this state to seek

enforcement of a protection order may seek enforcement of a valid

foreign protection order in a tribunal of this state. The tribunal

shall enforce the terms of the order, including terms that provide

relief that a tribunal of this state would lack power to provide but

for this section. The tribunal shall enforce the order, whether the

order was obtained by independent action or in another proceeding,

if it is an order issued in response to a complaint, petition, or

motion filed by or on behalf of an individual seeking protection.

In a proceeding to enforce a foreign protection order, the tribunal

shall follow the procedures of this state for the enforcement of

protection orders.

B. A tribunal of this state may not enforce a foreign

protection order issued by a tribunal of a state that does not

recognize the standing of a protected individual to seek enforcement

of the order.

C. A tribunal of this state shall enforce the provisions of a

valid foreign protection order which govern custody and visitation,

if the order was issued in accordance with the jurisdictional

requirements governing the issuance of custody and visitation orders

in the issuing state.

D. A foreign protection order is valid if it:

1. Identifies the protected individual and the respondent;

2. Is currently in effect;

3. Was issued by a tribunal that had jurisdiction over the

parties and subject matter under the law of the issuing state; and

4. Was issued after the respondent was given reasonable notice

and had an opportunity to be heard before the tribunal issued the

order or, in the case of an order ex parte, the respondent was given

notice and has had or will have an opportunity to be heard within a

reasonable time after the order was issued, in a manner consistent

with the rights of the respondent to due process.

E. A foreign protection order valid on its face is prima facie

evidence of its validity.

F. Absence of any of the criteria for validity of a foreign

protection order is an affirmative defense in an action seeking

enforcement of the order.

Oklahoma Statutes - Title 22. Criminal Procedure

G. A tribunal of this state may enforce provisions of a mutual

foreign protection order which favor a respondent only if:

1. The respondent filed a written pleading seeking a protection

order from the tribunal of the issuing state; and

2. The tribunal of the issuing state made specific findings in

favor of the respondent.

Added by Laws 2008, c. 76, § 3, eff. Nov. 1, 2008.