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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 623 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to the Protection from Domestic Abuse
7 Act; amending 22 O.S. 2021, Section 60.4, as amended
8 by Section 7, Chapter 318, O.S.L. 2022 (22 O.S. Supp.
8 2024, Section 60.4), which relates to service of
9 protective orders; requiring service in certain
9 location; requiring initial attempt of service of
10 protective orders upon defendant within specified
10 time frame; and declaring an emergency.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.4, as
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15 amended by Section 7, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2024,
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16 Section 60.4), is amended to read as follows:
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17 Section 60.4. A. 1. A copy of a petition for a protective
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18 order, any notice of hearing and a copy of any emergency temporary
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19 order or emergency ex parte order issued by the court shall be
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20 served upon the defendant in the same manner as a bench warrant. In
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21 addition, if the service is to be in another county, the court clerk
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22 may issue service to the sheriff by facsimile or other electronic
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23 transmission for service by the sheriff and receive the return of
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24 service from the sheriff in the same manner. Any fee for service of
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Req. No. 858 Page 1
1 a petition for protective order, notice of hearing, and emergency ex
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2 parte order shall only be charged pursuant to subsection C of
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3 Section 60.2 of this title and, if charged, shall be the same as the
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4 sheriff's service fee plus mileage expenses.
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5 2. Emergency temporary orders, emergency ex parte orders and
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6 notice of hearings shall be given priority for service and can be
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7 served twenty-four (24) hours a day when the location of the
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8 defendant is known, including service to the county jail if the
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9 defendant is currently in custody. The initial attempt at service
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10 shall be made within twenty-four (24) hours of the issuance of the
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11 order. When service cannot be made upon the defendant by the
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12 sheriff, the sheriff may contact another law enforcement officer or
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13 a private investigator or private process server to serve the
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14 defendant.
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15 3. An emergency temporary order, emergency ex parte order, a
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16 petition for protective order, and a notice of hearing shall have
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17 statewide validity and may be transferred to any law enforcement
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18 jurisdiction to effect service upon the defendant. The sheriff may
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19 transmit the document by electronic means.
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20 4. The return of service shall be submitted to the sheriff's
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21 office or court clerk in the court where the petition, notice of
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22 hearing or order was issued.
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23 5. When the defendant is a minor child who is ordered removed
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24 from the residence of the victim, in addition to those documents
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1 served upon the defendant, a copy of the petition, notice of hearing
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2 and a copy of any temporary order or ex parte order issued by the
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3 court shall be delivered with the child to the caretaker of the
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4 place where such child is taken pursuant to Section 2-2-101 of Title
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5 10A of the Oklahoma Statutes.
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6 B. 1. Within fourteen (14) days of the filing of the petition
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7 for a protective order, the court shall schedule a full hearing on
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8 the petition, if the court finds sufficient grounds within the scope
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9 of the Protection from Domestic Abuse Act stated in the petition to
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10 hold such a hearing, regardless of whether an emergency temporary
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11 order or ex parte order has been previously issued, requested or
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12 denied. Provided, however, when the defendant is a minor child who
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13 has been removed from the residence pursuant to Section 2-2-101 of
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14 Title 10A of the Oklahoma Statutes, the court shall schedule a full
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15 hearing on the petition within seventy-two (72) hours, regardless of
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16 whether an emergency temporary order or ex parte order has been
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17 previously issued, requested or denied.
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18 2. The court may schedule a full hearing on the petition for a
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19 protective order within seventy-two (72) hours when the court issues
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20 an emergency temporary order or ex parte order suspending child
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21 visitation rights due to physical violence or threat of abuse.
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22 3. If service has not been made on the defendant at the time of
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23 the hearing, the court shall, at the request of the petitioner,
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1 issue a new emergency order reflecting a new hearing date and direct
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2 service to issue.
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3 4. A petition for a protective order shall, upon the request of
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4 the petitioner, renew every fourteen (14) days with a new hearing
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5 date assigned until the defendant is served. A petition for a
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6 protective order shall not expire unless the petitioner fails to
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7 appear at the hearing or fails to request a new order. A petitioner
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8 may move to dismiss the petition and emergency or final order at any
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9 time; however, a protective order must be dismissed by court order.
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10 5. Failure to serve the defendant shall not be grounds for
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11 dismissal of a petition or an ex parte order unless the victim
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12 requests dismissal or fails to appear for the hearing thereon.
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13 6. A final protective order shall be granted or denied within
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14 six (6) months of service on the defendant unless all parties agree
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15 that a temporary protective order remain in effect; provided, a
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16 victim shall have the right to request a final protective order
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17 hearing at any time after the passage of six (6) months.
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18 C. 1. At the hearing, the court may impose any terms and
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19 conditions in the protective order that the court reasonably
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20 believes are necessary to bring about the cessation of domestic
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21 abuse against the victim or stalking or harassment of the victim or
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22 the immediate family of the victim but shall not impose any term and
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23 condition that may compromise the safety of the victim including,
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24 but not limited to, mediation, couples counseling, family
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1 counseling, parenting classes or joint victim-offender counseling
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2 sessions. The court may order the defendant to obtain domestic
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3 abuse counseling or treatment in a program certified by the Attorney
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4 General at the expense of the defendant pursuant to Section 644 of
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5 Title 21 of the Oklahoma Statutes.
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6 2. If the court grants a protective order and the defendant is
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7 a minor child, the court shall order a preliminary inquiry in a
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8 juvenile proceeding to determine whether further court action
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9 pursuant to the Oklahoma Juvenile Code should be taken against a
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10 juvenile defendant.
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11 D. Final protective orders authorized by this section shall be
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12 on a standard form developed by the Administrative Office of the
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13 Courts.
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14 E. 1. After notice and hearing, protective orders authorized
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15 by this section may require the defendant to undergo treatment or
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16 participate in the court-approved counseling services necessary to
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17 bring about cessation of domestic abuse against the victim pursuant
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18 to Section 644 of Title 21 of the Oklahoma Statutes but shall not
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19 order any treatment or counseling that may compromise the safety of
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20 the victim including, but not limited to, mediation, couples
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21 counseling, family counseling, parenting classes or joint victim-
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22 offender counseling sessions.
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1 2. The defendant may be required to pay all or any part of the
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2 cost of such treatment or counseling services. The court shall not
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3 be responsible for such cost.
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4 3. Should the plaintiff choose to undergo treatment or
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5 participate in court-approved counseling services for victims of
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6 domestic abuse, the court may order the defendant to pay all or any
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7 part of the cost of such treatment or counseling services if the
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8 court determines that payment by the defendant is appropriate.
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9 F. When necessary to protect the victim and when authorized by
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10 the court, protective orders granted pursuant to the provisions of
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11 this section may be served upon the defendant by a peace officer,
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12 sheriff, constable, or policeman or other officer whose duty it is
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13 to preserve the peace, as defined by Section 99 of Title 21 of the
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14 Oklahoma Statutes.
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15 G. 1. Any protective order issued on or after November 1,
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16 2012, pursuant to subsection C of this section shall be:
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17 a. for a fixed period not to exceed a period of five (5)
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18 years unless extended, modified, vacated or rescinded
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19 upon motion by either party or if the court approves
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20 any consent agreement entered into by the plaintiff
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21 and defendant; provided, if the defendant is
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22 incarcerated, the protective order shall remain in
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23 full force and effect during the period of
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24 incarceration. The period of incarceration, in any
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1 jurisdiction, shall not be included in the calculation
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2 of the five-year time limitation, or
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3 b. continuous upon a specific finding by the court of one
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4 of the following:
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5 (1) the person has a history of violating the orders
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6 of any court or governmental entity,
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7 (2) the person has previously been convicted of a
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8 violent felony offense,
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9 (3) the person has a previous felony conviction for
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10 stalking as provided in Section 1173 of Title 21
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11 of the Oklahoma Statutes,
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12 (4) a court order for a final Victim Protection Order
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13 has previously been issued against the person in
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14 this state or another state, or
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15 (5) the victim provides proof that a continuous
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16 protective order is necessary for his or her
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17 protection.
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18 Further, the court may take into consideration whether the person
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19 has a history of domestic violence or a history of other violent
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20 acts. The protective order shall remain in effect until modified,
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21 vacated or rescinded upon motion by either party or if the court
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22 approves any consent agreement entered into by the plaintiff and
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23 defendant. If the defendant is incarcerated, the protective order
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1 shall remain in full force and effect during the period of
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2 incarceration.
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3 2. The court shall notify the parties at the time of the
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4 issuance of the protective order of the duration of the protective
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5 order.
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6 3. Upon the filing of a motion by either party to modify,
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7 extend, or vacate a protective order, a hearing shall be scheduled
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8 and notice given to the parties. At the hearing, the issuing court
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9 may take such action as is necessary under the circumstances.
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10 4. If a child has been removed from the residence of a parent
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11 or custodial adult because of domestic abuse committed by the child,
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12 the parent or custodial adult may refuse the return of such child to
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13 the residence unless, upon further consideration by the court in a
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14 juvenile proceeding, it is determined that the child is no longer a
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15 threat and should be allowed to return to the residence.
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16 H. 1. It shall be unlawful for any person to knowingly and
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17 willfully seek a protective order against a spouse or ex-spouse
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18 pursuant to the Protection from Domestic Abuse Act for purposes of
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19 harassment, undue advantage, intimidation, or limitation of child
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20 visitation rights in any divorce proceeding or separation action
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21 without justifiable cause.
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22 2. The violator shall, upon conviction thereof, be guilty of a
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23 misdemeanor punishable by imprisonment in the county jail for a
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1 period not exceeding one (1) year or by a fine not to exceed Five
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2 Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
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3 3. A second or subsequent conviction under this subsection
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4 shall be a felony punishable by imprisonment in the custody of the
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5 Department of Corrections for a period not to exceed two (2) years,
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6 or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by
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7 both such fine and imprisonment.
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8 I. 1. A protective order issued under the Protection from
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9 Domestic Abuse Act shall not in any manner affect title to real
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10 property, purport to grant to the parties a divorce or otherwise
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11 purport to determine the issues between the parties as to child
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12 custody, visitation or visitation schedules, child support or
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13 division of property or any other like relief obtainable pursuant to
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14 Title 43 of the Oklahoma Statutes, except child visitation orders
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15 may be temporarily suspended or modified to protect from threats of
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16 abuse or physical violence by the defendant or a threat to violate a
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17 custody order. Orders not affecting title may be entered for good
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18 cause found to protect an animal owned by either of the parties or
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19 any child living in the household.
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20 2. When granting any protective order for the protection of a
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21 minor child from violence or threats of abuse, the court shall allow
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22 visitation only under conditions that provide adequate supervision
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23 and protection to the child while maintaining the integrity of a
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24 divorce decree or temporary order.
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1 J. 1. In order to ensure that a petitioner can maintain an
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2 existing wireless telephone number or household utility account, the
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3 court, after providing notice and a hearing, may issue an order
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4 directing a wireless service provider or public utility provider to
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5 transfer the billing responsibility for and rights to the wireless
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6 telephone number or numbers of any minor children in the care of the
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7 petitioning party or household utility account to the petitioner if
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8 the petitioner is not the wireless service or public utility account
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9 holder.
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10 2. The order transferring billing responsibility for and rights
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11 to the wireless telephone number or numbers or household utility
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12 account to the petitioner shall list the name and billing telephone
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13 number of the account holder, the name and contact information of
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14 the person to whom the telephone number or numbers or household
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15 utility account will be transferred and each telephone number or
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16 household utility to be transferred to that person. The court shall
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17 ensure that the contact information of the petitioner is not
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18 provided to the account holder in proceedings held under this
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19 subsection.
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20 3. Upon issuance, a copy of the final order of protection shall
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21 be transmitted, either electronically or by certified mail, to the
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22 registered agent of the wireless service provider or public utility
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23 provider listed with the Secretary of State or Corporation
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24 Commission of Oklahoma or electronically to the email address
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1 provided by the wireless service provider or public utility
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2 provider. Such transmittal shall constitute adequate notice for the
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3 wireless service provider or public utility provider.
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4 4. If the wireless service provider or public utility provider
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5 cannot operationally or technically effectuate the order due to
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6 certain circumstances, the wireless service provider or public
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7 utility provider shall notify the petitioner. Such circumstances
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8 shall include, but not be limited to, the following:
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9 a. the account holder has already terminated the account,
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10 b. the differences in network technology prevent the
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11 functionality of a mobile device on the network, or
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12 c. there are geographic or other limitations on network
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13 or service availability.
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14 5. Upon transfer of billing responsibility for and rights to a
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15 wireless telephone number or numbers or household utility account to
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16 the petitioner under the provisions of this subsection by a wireless
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17 service provider or public utility provider, the petitioner shall
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18 assume all financial responsibility for the transferred wireless
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19 telephone number or numbers or household utility account, monthly
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20 service and utility billing costs and costs for any mobile device
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21 associated with the wireless telephone number or numbers. The
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22 wireless service provider or public utility provider shall have the
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23 right to pursue the original account holder for purposes of
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1 collecting any past due amounts owed to the wireless service
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2 provider or public utility provider.
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3 6. The provisions of this subsection shall not preclude a
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4 wireless service provider or public utility provider from applying
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5 any routine and customary requirements for account establishment to
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6 the petitioner as part of this transfer of billing responsibility
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7 for a household utility account or for a wireless telephone number
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8 or numbers and any mobile devices attached to that number including,
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9 but not limited to, identification, financial information and
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10 customer preferences.
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11 7. The provisions of this subsection shall not affect the
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12 ability of the court to apportion the assets and debts of the
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13 parties as provided for in law or the ability to determine the
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14 temporary use, possession and control of personal property.
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15 8. No cause of action shall lie against any wireless service
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16 provider or public utility provider, its officers, employees or
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17 agents for actions taken in accordance with the terms of a court
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18 order issued under the provisions of this subsection.
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19 9. As used in this subsection:
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20 a. "wireless service provider" means a provider of
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21 commercial mobile service under Section 332(d) of the
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22 federal Telecommunications Act of 1996,
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23 b. "public utility provider" means every corporation
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24 organized or doing business in this state that owns,
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1 operates or manages any plant or equipment for the
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2 manufacture, production, transmission, transportation,
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3 delivery or furnishing of water, heat or light with
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4 gas or electric current for heat, light or power, for
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5 public use in this state, and
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6 c. "household utility account" shall include utility
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7 services for water, heat, light, power or gas that are
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8 provided by a public utility provider.
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9 K. 1. A court shall not issue any mutual protective orders.
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10 2. If both parties allege domestic abuse by the other party,
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11 the parties shall do so by separate petitions. The court shall
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12 review each petition separately in an individual or a consolidated
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13 hearing and grant or deny each petition on its individual merits.
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14 If the court finds cause to grant both motions, the court shall do
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15 so by separate orders and with specific findings justifying the
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16 issuance of each order.
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17 3. The court may only consolidate a hearing if:
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18 a. the court makes specific findings that:
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19 (1) sufficient evidence exists of domestic abuse,
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20 stalking, harassment or rape against each party,
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21 and
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22 (2) each party acted primarily as aggressors,
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23 b. the defendant filed a petition with the court for a
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24 protective order no less than three (3) days, not
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1 including weekends or holidays, prior to the first
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2 scheduled full hearing on the petition filed by the
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3 plaintiff, and
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4 c. the defendant had no less than forty-eight (48) hours
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5 of notice prior to the full hearing on the petition
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6 filed by the plaintiff.
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7 L. The court may allow a plaintiff or victim to be accompanied
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8 by a victim support person at court proceedings. A victim support
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9 person shall not make legal arguments; however, a victim support
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10 person who is not a licensed attorney may offer the plaintiff or
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11 victim comfort or support and may remain in close proximity to the
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12 plaintiff or victim.
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13 SECTION 2. It being immediately necessary for the preservation
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14 of the public peace, health or safety, an emergency is hereby
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15 declared to exist, by reason whereof this act shall take effect and
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16 be in full force from and after its passage and approval.
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