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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 755 By: Gollihare
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6 AS INTRODUCED
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7 An Act relating to dissolution of marriage; amending
7 43 O.S. 2021, Section 110, as amended by Section 3,
8 Chapter 189, O.S.L. 2024 (43 O.S. Supp. 2024, Section
8 110), which relates to automatic temporary injunction
9 and temporary orders; modifying time frame for
9 setting hearing for certain temporary orders; and
10 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 43 O.S. 2021, Section 110, as
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15 amended by Section 3, Chapter 189, O.S.L. 2024 (43 O.S. Supp. 2024,
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16 Section 110), is amended to read as follows:
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17 Section 110. A. 1. Except as otherwise provided by this
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18 subsection, upon the filing of a petition for dissolution of
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19 marriage, annulment of a marriage or legal separation by the
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20 petitioner and upon personal service of the petition and summons on
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21 the respondent, or upon waiver and acceptance of service by the
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22 respondent, an automatic temporary injunction shall be in effect
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23 against both parties pursuant to the provisions of this section:
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1 a. restraining the parties from transferring,
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2 encumbering, concealing, or in any way disposing of,
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3 without the written consent of the other party or an
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4 order of the court, any marital property, except in
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5 the usual course of business, for the purpose of
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6 retaining an attorney for the case or for the
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7 necessities of life and requiring each party to notify
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8 the other party of any proposed extraordinary
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9 expenditures and to account to the court for all
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10 extraordinary expenditures made after the injunction
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11 is in effect,
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12 b. restraining the parties from:
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13 (1) intentionally or knowingly damaging or destroying
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14 the tangible property of the parties, or of
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15 either of them, specifically including, but not
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16 limited to, any electronically stored materials,
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17 electronic communications, social network data,
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18 financial records, and any document that
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19 represents or embodies anything of value,
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20 (2) making any withdrawal for any purpose from any
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21 retirement, profit-sharing, pension, death, or
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22 other employee benefit plan or employee savings
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23 plan or from any individual retirement account or
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24 Keogh account,
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1 (3) withdrawing or borrowing in any manner all or any
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2 part of the cash surrender value of any life
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3 insurance policies on either party or their
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4 children,
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5 (4) changing or in any manner altering the
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6 beneficiary designation on any life insurance
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7 policies on the life of either party or any of
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8 their children,
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9 (5) canceling, altering, or in any manner affecting
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10 any casualty, automobile, or health insurance
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11 policies insuring the parties' property or
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12 persons,
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13 (6) opening or diverting mail addressed to the other
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14 party, and
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15 (7) signing or endorsing the other party's name on
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16 any negotiable instrument, check, or draft, such
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17 as tax refunds, insurance payments, and
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18 dividends, or attempting to negotiate any
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19 negotiable instruments payable to either party
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20 without the personal signature of the other
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21 party,
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22 c. requiring the parties to maintain all presently
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23 existing health, property, life and other insurance
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24 which the individual is presently carrying on any
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1 member of this family unit, and to cooperate as
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2 necessary in the filing and processing of claims. Any
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3 employer-provided health insurance currently in
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4 existence shall remain in full force and effect for
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5 all family members,
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6 d. enjoining both parties from molesting or disturbing
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7 the peace of the other party or of the children to the
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8 marriage,
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9 e. restraining both parties from disrupting or
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10 withdrawing their children from an educational
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11 facility and programs where the children historically
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12 have been enrolled, or day care,
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13 f. restraining both parties from hiding or secreting
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14 their children from the other party,
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15 g. restraining both parties from removing the minor
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16 children of the parties, if any, beyond the
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17 jurisdiction of the State of Oklahoma, acting directly
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18 or in concert with others, except for vacations of two
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19 (2) weeks or less duration, without the prior written
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20 consent of the other party, which shall not be
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21 unreasonably withheld, and
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22 h. requiring, unless otherwise agreed upon by the parties
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23 in writing, the delivery by each party to the other
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24 within thirty (30) days from the earlier of either the
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1 date of service of the summons or the filing of an
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2 initial pleading by the respondent, the following
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3 documents:
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4 (1) the federal and state income tax returns of each
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5 party for the past two (2) years and any
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6 nonpublic, limited partnership and privately held
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7 corporate returns for any entity in which either
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8 party has an interest, together with all
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9 supporting documentation for the tax returns,
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10 including but not limited to W-2 forms, 1099
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11 forms, K-1 forms, Schedule C and Schedule E. If
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12 a return is not completed at the time of
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13 disclosure, the parties shall provide the
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14 documents necessary to prepare the tax return of
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15 the party, to include W-2 forms, 1099 forms, K-1
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16 forms, copies of extension requests and estimated
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17 tax payments,
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18 (2) two (2) months of the most recent pay stubs from
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19 each employer for whom the party worked,
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20 (3) statements for the past six (6) months for all
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21 bank accounts held in the name of either party
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22 individually or jointly, or in the name of
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23 another person for the benefit of either party,
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1 or held by either party for the benefit of the
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2 minor child or children of the parties,
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3 (4) documentation regarding the cost and nature of
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4 available health insurance coverage for the
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5 benefit of either party or the minor child or
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6 children of the parties,
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7 (5) documentation regarding the cost and nature of
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8 employment or educationally related child care
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9 expenses incurred for the benefit of the minor
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10 child or children of the parties, and
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11 (6) documentation regarding all debts in the name of
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12 either party individually or jointly, showing the
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13 most recent balance due and payment terms.
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14 2. If either party is not in possession of a document required
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15 pursuant to subparagraph h of paragraph 1 of this subsection or has
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16 not been able to obtain the document in a timely fashion, the party
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17 shall state in verified writing, under the penalty of perjury, the
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18 specific document which is not available, the reasons the document
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19 is not available, and what efforts have been made to obtain the
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20 document. As more information becomes available, there is a
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21 continuing duty to supplement the disclosures.
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22 3. Nothing in this subsection shall prohibit a party from
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23 conducting further discovery pursuant to the Oklahoma Discovery
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24 Code.
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1 4. a. The provisions of the automatic temporary injunction
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2 shall be printed as an attachment to the summons and
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3 the petition and entitled "Automatic Temporary
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4 Injunction Notice".
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5 b. The automatic temporary injunction notice shall
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6 contain a provision which will allow the parties to
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7 waive the automatic temporary injunction. In
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8 addition, the provision must state that unless both
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9 parties have agreed and have signed their names in the
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10 space provided, that the automatic temporary
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11 injunction will be effective. Along with the waiver
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12 provision, the notice shall contain a check box and
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13 space available for the signatures of the parties.
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14 5. The automatic temporary injunction shall become an order of
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15 the court upon fulfillment of the requirements of paragraph 1 of
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16 this subsection unless and until:
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17 a. the automatic temporary injunction is waived by the
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18 parties. Both parties must indicate on the automatic
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19 temporary injunction notice in the space provided that
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20 the parties have both agreed to waive the automatic
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21 temporary injunction. Each party must sign his or her
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22 own name on the notice in the space provided, or
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23 b. a party, no later than three (3) days after service on
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24 the party, files an objection to the injunction and
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1 requests a hearing. Provided, the automatic temporary
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2 injunction shall remain in effect until the hearing
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3 and a judge orders the injunction removed.
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4 6. The automatic temporary injunction shall be dissolved upon
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5 the granting of the dissolution of marriage, final order of legal
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6 separation or other final order.
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7 7. Nothing in this subsection shall preclude either party from
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8 applying to the court for further temporary orders, pursuant to this
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9 section, an expanded automatic temporary injunction, or modification
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10 or revocation thereto.
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11 8. a. With regard to an automatic temporary injunction, when
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12 a petition for dissolution of marriage, annulment of a
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13 marriage, or a legal separation is filed and served, a
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14 peace officer shall use every reasonable means to
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15 enforce the injunction which enjoins both parties from
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16 molesting or disturbing the peace of the other party
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17 or the children of the marriage against a petitioner
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18 or respondent, whenever:
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19 (1) there is exhibited by a respondent or by the
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20 petitioner to the peace officer a copy of the
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21 petition or summons, with an attached Temporary
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22 Injunction Notice, duly filed and issued pursuant
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23 to this section, together with a certified copy
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24 of the affidavit of service of process or a
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1 certified copy of the waiver and acceptance of
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2 service, and
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3 (2) the peace officer has cause to believe that a
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4 violation of the automatic temporary injunction
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5 has occurred.
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6 b. A peace officer shall not be held civilly or
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7 criminally liable for his or her action pursuant to
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8 this paragraph if his or her action is in good faith
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9 and without malice.
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10 B. After a petition has been filed in an action for dissolution
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11 of marriage or legal separation either party may request the court
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12 to issue:
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13 1. A temporary order:
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14 a. regarding child custody, support or visitation,
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15 b. regarding spousal maintenance,
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16 c. regarding payment of debt,
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17 d. regarding possession of property,
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18 e. regarding attorney fees, and
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19 f. providing other injunctive relief proper in the
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20 circumstances.
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21 All applications for temporary orders shall set forth the
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22 factual basis for the application and shall be verified by the party
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23 seeking relief. The application and a notice of hearing shall be
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1 served on the other party in any manner provided for in the Rules of
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2 Civil Procedure;
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3 2. A temporary order. If domestic abuse is not alleged, when
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4 setting a hearing to enter temporary orders, the court shall conduct
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5 a substantive hearing and issue a ruling on custody, visitation,
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6 child support, and other ancillary matters, including property. The
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7 court shall schedule the hearing to take place within thirty (30)
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8 days from the date that the application for temporary orders is
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9 presented to the court for scheduling by the moving party, unless
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10 the parties agree in writing to waive this requirement, and said
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11 agreement is memorialized by an order of the court. The moving
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12 party shall provide at least five (5) days' notice of hearing to the
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13 nonmoving party;
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14 3. A temporary order. In an application for a temporary order,
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15 any party alleging acts of domestic abuse, as defined by Section 109
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16 of this title, against the other party, or the minor child or
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17 children at issue and either of the following are present:
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18 a. the moving party has been granted a temporary or
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19 permanent order of protection against the other party
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20 for domestic abuse committed against the moving party
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21 or the minor child or children at issue, or
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22 b. the party against whom domestic violence has been
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23 alleged has been charged in any criminal proceeding,
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24 within the past five (5) years, with an act of
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1 domestic abuse wherein the moving party or a child of
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2 the party alleging domestic abuse is the victim,
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3 the court shall set a hearing upon application within ten (10) days
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4 of filing from the date that the application for a temporary order
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5 is presented to the court for scheduling by the moving party, with
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6 the moving party providing five (5) days' notice of hearing to the
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7 nonmoving party unless waived by both parties, and memorialized by
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8 an order of the court. The court shall conduct a substantive
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9 hearing and issue a ruling on custody, visitation, child support,
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10 and other ancillary matters, including property. The requesting
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11 party shall attach a certified copy of the emergency protective
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12 order, probable cause affidavit, or charging information, if
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13 available, to the temporary orders application; and
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14 4. A temporary restraining order. If the court finds on the
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15 basis of a verified application and testimony of witnesses that
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16 irreparable harm will result to the moving party, or a child of a
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17 party if no order is issued before the adverse party or attorney for
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18 the adverse party can be heard in opposition, the court may issue a
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19 temporary restraining order which shall become immediately effective
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20 and enforceable without requiring notice and opportunity to be heard
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21 to the other party. Provided, for the purposes of this section, no
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22 minor child or children temporarily residing in a licensed,
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23 certified domestic violence shelter in the state shall be removed by
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24 an ex parte order. If a temporary restraining order is issued
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1 pursuant to this paragraph, the motion for a temporary order shall
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2 be set within ten (10) days, but such hearing shall not be heard
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3 unless five (5) days' notice of hearing is given to the other party.
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4 C. Any temporary orders and the automatic temporary injunction,
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5 or specific terms thereof, may be vacated or modified prior to or in
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6 conjunction with a final decree on a showing by either party of
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7 facts necessary for vacation or modification. Temporary orders and
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8 the automatic temporary injunction terminate when the final judgment
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9 on all issues, except attorney fees and costs, is rendered or when
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10 the action is dismissed. The court may reserve jurisdiction to rule
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11 on an application for a contempt citation for a violation of a
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12 temporary order or the automatic temporary injunction which is filed
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13 any time prior to the time the temporary order or injunction
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14 terminates.
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15 D. Upon granting a decree of dissolution of marriage, annulment
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16 of a marriage, or legal separation, the court may require either
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17 party to pay such reasonable expenses of the other as may be just
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18 and proper under the circumstances.
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19 E. The court may in its discretion make additional orders
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20 relative to the expenses of any such subsequent actions, including
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21 but not limited to writs of habeas corpus, brought by the parties or
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22 their attorneys, for the enforcement or modification of any
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23 interlocutory or final orders in the dissolution of marriage action
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24 made for the benefit of either party or their respective attorneys.
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1 SECTION 2. It being immediately necessary for the preservation
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2 of the public peace, health or safety, an emergency is hereby
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3 declared to exist, by reason whereof this act shall take effect and
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4 be in full force from and after its passage and approval.
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Req. No. 937 Page 13Every fact on this page links to its source, starting with the official bill record.