An act relating to victim protective orders, the official text

1                   STATE OF OKLAHOMA

2   1st Session of the 60th Legislature (2025)

3 HOUSE BILL 2924                 By: Pittman

4

5

6                               AS INTRODUCED

7   An Act relating to victim protective orders; amending

    22 O.S. 2021, Section 40.3, which relates to

8   emergency temporary orders of protection for certain

    victims; directing peace officers to serve order and

9   complete return of service when filing petition;

    directing court clerk to receive petition; providing

10  for the filing and issuance of petition despite

    absence of service; amending 22 O.S. 2021, Sections

11  60.3 and 60.16, which relate to the Protection from

    Domestic Abuse Act; directing peace officers to serve

12  order and complete return of service when filing

    petition; directing court clerk to receive petition;

13  providing for the filing and issuance of petition

    despite absence of service; increasing time

14  limitation for effectiveness of emergency temporary

    orders; providing for notification of hearing date,

15  time and location; directing peace officer to provide

    copies of order to victim and defendant; and

16  providing an effective date.

17

18

19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

20  SECTION 1.      AMENDATORY  22 O.S. 2021, Section 40.3, is

21 amended to read as follows:

22  Section 40.3. A. When the court is not open for business, the

23 victim of domestic violence, stalking, harassment, rape, forcible

24 sodomy, a sex offense, kidnapping or assault and battery with a

    Req. No. 11118                                                  Page 1
1 deadly weapon or member of the immediate family of a victim of

2 first-degree murder may request a petition for an emergency

3 temporary order of protection. The peace officer making the

4 preliminary investigation shall:

5   1. Provide the victim or member of the immediate family of a

6 victim of first-degree murder with a petition for an emergency

7 temporary order of protection and, if necessary, assist the victim

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

9 in completing the petition form. The petition shall be in

10 substantially the same form as provided by Section 60.2 of this

11 title for a petition for protective order in domestic abuse cases;

12  2. Immediately notify, by telephone or otherwise, a judge of

13 the district court of the request for an emergency temporary order

14 of protection and describe the circumstances. The judge shall

15 inform the peace officer of the decision to approve or disapprove

16 the emergency temporary order;

17  3. Inform the victim or member of the immediate family of a

18 victim of first-degree murder whether the judge has approved or

19 disapproved the emergency temporary order. If an emergency

20 temporary order has been approved, the peace officer shall provide

21 the victim, or a responsible adult if the victim is a minor child or

22 an incompetent person or member of the immediate family of a victim

23 of first-degree murder, with a copy of the petition and a written

24

    Req. No. 11118                                                  Page 2
1 statement signed by the peace officer attesting that the judge has

2 approved the emergency temporary order of protection; and

3   4. Notify the person subject to the emergency temporary

4 protection order of the issuance and conditions of the order, if

5 known. Notification pursuant to this paragraph may be made

6 personally by the peace officer upon arrest or, upon identification

7 of the assailant, notice shall be given by any law enforcement

8 officer. A copy of the petition and the statement of the peace

9 officer attesting to the order of the judge shall be made available

10 to the person; and

11  5. Make every attempt to serve the subject of the order and

12 complete a return of service when filing the petition with the

13 district court. If the peace officer is unable to obtain service,

14 the petition shall be filed with the district court the next

15 business day. The court clerk shall receive the petition upon

16 delivery by the peace officer and document the hearing date and time

17 assigned to the case as documented by the peace officer. If the

18 court clerk observes that service has not been obtained, the

19 petition shall still be filed by the court clerk and issued to the

20 appropriate office of the county sheriff to obtain service with

21 priority.

22  B. The forms utilized by law enforcement agencies in carrying

23 out the provisions of this section may be substantially similar to

24 those used under Section 60.2 of this title.

    Req. No. 11118                                                  Page 3
1   SECTION 2.      AMENDATORY  22 O.S. 2021, Section 60.3, is

2 amended to read as follows:

3   Section 60.3. A. If a plaintiff requests an emergency ex parte

4 order pursuant to Section 60.2 of this title, the court shall hold

5 an ex parte hearing on the same day the petition is filed, if the

6 court finds sufficient grounds within the scope of the Protection

7 from Domestic Abuse Act stated in the petition to hold such a

8 hearing. The court may, for good cause shown at the hearing, issue

9 any emergency ex parte order that it finds necessary to protect the

10 victim from immediate and present danger of domestic abuse,

11 stalking, or harassment. The emergency ex parte order shall be in

12 effect until after the full hearing is conducted. Provided, if the

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

14 the emergency ex parte order shall remain in effect until the

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

16 permanent order are the same as those in the emergency order, or are

17 less restrictive, then it is not necessary to serve the defendant

18 with the permanent order. The Administrative Office of the Courts

19 shall develop a standard form for emergency ex parte protective

20 orders.

21  B. An emergency ex parte protective order authorized by this

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

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

24 order.

    Req. No. 11118                                                  Page 4
1   C. If a plaintiff requests an emergency temporary ex parte

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

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

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

5 reasonable cause to believe that the order is necessary to protect

6 the victim from immediate and present danger of domestic abuse.

7 When the order is issued verbally the judge shall direct the peace

8 officer to complete and sign a statement attesting to the order.

9 The emergency temporary ex parte order shall be in effect until the

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

11 order. Emergency temporary ex parte orders shall be heard within

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

13 of available court dates for hearings.

14  The peace officer shall make every attempt to serve the subject

15 of the order and complete a return of service when filing the

16 petition with the district court. If the peace officer is unable to

17 obtain service, the petition shall be filed with the district court

18 the next business day. The court clerk shall receive the petition

19 upon delivery by the peace officer and document the hearing date and

20 time assigned to the case as documented by the peace officer. If

21 the court clerk observes that service has not been obtained, the

22 petition shall still be filed by the court clerk and issued to the

23 appropriate office of the county sheriff to obtain service with

24 priority.

    Req. No. 11118                                                  Page 5
1   D. If an action for divorce, separate maintenance,

2 guardianship, adoption or any other proceeding involving custody or

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

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

5 hearing on the petition for a final protective order shall be

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

7 divorce, separate maintenance, guardianship, adoption or any other

8 proceeding involving custody or visitation is pending.

9   SECTION 3.      AMENDATORY        22 O.S. 2021, Section 60.16, is

10 amended to read as follows:

11  Section 60.16. A. A peace officer shall not discourage a

12 victim of domestic abuse from pressing charges against the assailant

13 of the victim.

14  B. 1. A peace officer may arrest without a warrant a person

15 anywhere, including a place of residence, if the peace officer has

16 probable cause to believe the person within the preceding seventy-

17 two (72) hours has committed an act of domestic abuse as defined by

18 Section 60.1 of this title, although the assault did not take place

19 in the presence of the peace officer. A peace officer may not

20 arrest a person pursuant to this section without first observing a

21 recent physical injury to, or an impairment of the physical

22 condition of, the alleged victim.

23  2. An arrest, when made pursuant to this section, shall be

24 based on an investigation by the peace officer of the circumstances

    Req. No. 11118                                                 Page 6
1 surrounding the incident, past history of violence between the

2 parties, statements of any children present in the residence, and

3 any other relevant factors. A determination by the peace officer

4 shall be made pursuant to the investigation as to which party is the

5 dominant aggressor in the situation. A peace officer may arrest the

6 dominant aggressor.

7   C. When the court is not open for business, the victim of

8 domestic abuse may request a petition for an emergency temporary

9 order of protection. The peace officer making the preliminary

10 investigation shall:

11  1. Provide the victim with a petition for an emergency

12 temporary order of protection and, if necessary, assist the victim

13 in completing the petition form. The petition shall be in

14 substantially the same form as provided by Section 60.2 of this

15 title for a petition for protective order;

16  2. Immediately notify, by telephone or otherwise, a judge of

17 the district court of the request for an emergency temporary order

18 of protection and describe the circumstances. The judge shall

19 inform the peace officer of the decision to approve or disapprove

20 the emergency temporary order;

21  3. Inform the victim whether the judge has approved or

22 disapproved the emergency temporary order. If an emergency

23 temporary order has been approved, the peace officer shall provide

24 the victim, or a responsible adult if the victim is a minor child or

    Req. No. 11118                                                  Page 7
1 an incompetent person, with a copy of the petition and a written

2 statement signed by the peace officer attesting that the judge has

3 approved the emergency temporary order of protection and notify the

4 victim that the emergency temporary order shall be effective only

5 until the close of business on the next day that the court is open

6 for business until the date of the hearing set by the judge. The

7 peace officer requesting the order shall be notified by the judge of

8 the date, time, and courtroom location in which the hearing will be

9 held or shall be notified of the date, time, and location of the

10 hearing from a list of available court dates provided by the judge.

11 The peace officer shall provide the victim and subject of the order

12 with a copy of the completed order and return the original order to

13 the district court;

14  4. Notify the person subject to the emergency temporary

15 protection order of the issuance and conditions of the order.

16 Notification pursuant to this paragraph may be made personally by

17 the peace officer or in writing. A copy of the petition and the

18 statement of the peace officer attesting to the order of the judge

19 shall be made available to such person; and

20  5. File a copy of the petition and the statement of the peace

21 officer with the district court of the county immediately upon the

22 opening of the court on the next day the court is open for business.

23 The peace officer shall make every attempt to serve the subject of

24 the order and complete a return of service when filing the petition

    Req. No. 11118                                                Page 8
1 with the district court. If the peace officer is unable to obtain

2 service, the petition shall be filed with the district court the

3 next business day. The court clerk shall receive the petition upon

4 delivery by the peace officer and document the hearing date and time

5 assigned to the case as documented by the peace officer. If the

6 court clerk observes that service has not been obtained, the

7 petition shall still be filed by the court clerk and issued to the

8 appropriate office of the county sheriff to obtain service with

9 priority.

10  D. The forms utilized by law enforcement agencies in carrying

11 out the provisions of this section may be substantially similar to

12 those used under Section 60.2 of this title.

13  SECTION 4. This act shall become effective November 1, 2025.

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    Req. No. 11118                                                 Page 9