Oklahoma § 22-60.3 - Emergency ex parte order and hearing - Emergency

§ 22-60.3. Emergency ex parte order and hearing - Emergency

temporary ex parte order of protection.

A. If a plaintiff requests an emergency ex parte order pursuant

to Section 60.2 of this title, the court shall hold an ex parte

hearing on the same day the petition is filed, if the court finds

sufficient grounds within the scope of the Protection from Domestic

Abuse Act stated in the petition to hold such a hearing. The court

may, for good cause shown at the hearing, issue any emergency ex

parte order that it finds necessary to protect the victim from

immediate and present danger of domestic abuse, stalking, or

harassment. The emergency ex parte order shall be in effect until

after the full hearing is conducted. Provided, if the defendant,

after having been served, does not appear at the hearing, the

emergency ex parte order shall remain in effect until the defendant

is served with the permanent order. If the terms of the permanent

order are the same as those in the emergency order, or are less

restrictive, then it is not necessary to serve the defendant with

the permanent order. The Administrative Office of the Courts shall

develop a standard form for emergency ex parte protective orders.

B. An emergency ex parte protective order authorized by this

section shall include the name, sex, race, date of birth of the

defendant, and the dates of issue and expiration of the protective

order.

C. 1. If a plaintiff requests an emergency temporary ex parte

order of protection as provided by Section 40.3 of this title, the

judge who is notified of the request by a peace officer may issue

such order verbally to the officer or in writing when there is

reasonable cause to believe that the order is necessary to protect

the victim from immediate and present danger of domestic abuse.

When the order is issued verbally the judge shall direct the officer

to complete and sign a statement attesting to the order. The

emergency temporary ex parte order shall be in effect until the

court date that was assigned by the court during the approval of the

order. Emergency temporary ex parte orders shall be heard within

fourteen (14) days after issuance. The court shall provide a list

of available court dates for hearings.

2. The peace officer shall 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

Oklahoma Statutes - Title 22. Criminal Procedure

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.

D. If an action for divorce, separate maintenance,

guardianship, adoption or any other proceeding involving custody or

visitation has been filed and is pending in a county different than

the county in which the emergency ex parte order was issued, the

hearing on the petition for a final protective order shall be

transferred and held in the same county in which the action for

divorce, separate maintenance, guardianship, adoption or any other

proceeding involving custody or visitation is pending.

Added by Laws 1982, c. 255, § 4, eff. Oct. 1, 1982. Amended by Laws

1983, c. 290, § 2, eff. Nov. 1, 1983; Laws 1992, c. 42, § 3, eff.

Sept. 1, 1992; Laws 1993, c. 325, § 16, eff. Sept. 1, 1993; Laws

1994, c. 290, § 56, eff. July 1, 1994; Laws 1996, c. 247, § 31, eff.

July 1, 1996; Laws 1999, c. 34, § 1, eff. Nov. 1, 1999; Laws 2000,

c. 370, § 7, eff. July 1, 2000; Laws 2001, c. 279, § 4, eff. Nov. 1,

2001; Laws 2003, c. 407, § 3, eff. Nov. 1, 2003; Laws 2016, c. 183,

§ 5, eff. Nov. 1, 2016; Laws 2019, c. 113, § 2, eff. Nov. 1, 2019;

Laws 2025, c. 167, § 2, eff. July 1, 2025.