Oklahoma § 22-60.9 - Warrantless arrest

§ 22-60.9. Warrantless arrest

A. Pursuant to paragraph 7 of Section 196 of this title, a

peace officer, without a warrant, shall arrest and take into custody

a person if the peace officer has reasonable cause to believe that:

1. An emergency ex parte or final protective order has been

issued and served upon the person, pursuant to the Protection from

Domestic Abuse Act;

2. A true copy and proof of service of the order has been filed

with the law enforcement agency having jurisdiction of the area in

which the plaintiff or any family or household member named in the

order resides or a certified copy of the order and proof of service

is presented to the peace officer as provided in subsection D of

this section;

3. The person named in the order has received notice of the

order and has had a reasonable time to comply with such order; and

4. The person named in the order has violated the order or is

then acting in violation of the order.

B. A peace officer, without a warrant, shall arrest and take

into custody a person if the following conditions have been met:

1. The peace officer has reasonable cause to believe that a

foreign protective order has been issued, pursuant to the law of the

state or tribal court where the foreign protective order was issued;

2. A certified copy of the foreign protective order has been

presented to the peace officer that appears valid on its face; and

3. The peace officer has reasonable cause to believe the person

named in the order has violated the order or is then acting in

violation of the order.

C. A person arrested pursuant to this section shall be brought

before the court within twenty-four (24) hours after arrest to

answer to a charge for violation of the order pursuant to Section

60.8 of this title, at which time the court shall do each of the

following:

1. Set a time certain for a hearing on the alleged violation of

the order within seventy-two (72) hours after arrest, unless

extended by the court on the motion of the arrested person;

2. Set a reasonable bond pending a hearing of the alleged

violation of the order; and

3. Notify the party who has procured the order and direct the

party to appear at the hearing and give evidence on the charge.

The court may also consider the safety of any and all alleged

victims that are subject to the protection of the order prior to the

court setting a reasonable bond pending a hearing of the alleged

violation of the order.

Oklahoma Statutes - Title 22. Criminal Procedure

D. A copy of a protective order shall be prima facie evidence

that such order is valid in this state when such documentation is

presented to a law enforcement officer by the plaintiff, defendant,

or another person on behalf of a person named in the order. Any law

enforcement officer may rely on such evidence to make an arrest for

a violation of such order, if there is reason to believe the

defendant has violated or is then acting in violation of the order

without justifiable excuse. When a law enforcement officer relies

upon the evidence specified in this subsection, such officer and the

employing agency shall be immune from liability for the arrest of

the defendant if it is later proved that the evidence was false.

E. Any person who knowingly and willfully presents any false or

materially altered protective order to any law enforcement officer

to effect an arrest of any person shall, upon conviction, be guilty

of a felony punishable by imprisonment in the custody of the

Department of Corrections for a period not to exceed two (2) years,

or by a fine not exceeding Five Thousand Dollars ($5,000.00) and

shall, in addition, be liable for any civil damages to the

defendant.

Added by Laws 1994, c. 316, § 1, emerg. eff. June 8, 1994. Amended

by Laws 2000, c. 85, § 4, eff. Nov. 1, 2000; Laws 2000, c. 370, §

11, eff. July 1, 2000; Laws 2006, c. 284, § 5, emerg. eff. June 7,

2006; Laws 2013, c. 198, § 3, eff. Nov. 1, 2013.