Oklahoma House Bill HB1622

Oklahoma 2022 Regular Session

• Introduced: 2/1/21
• Refer: 2/2/21

Caption

Victim protective orders; making certain acts unlawful; effective date.

Impact

The bill modifies the existing framework for handling protective orders by ensuring a clear delineation between legitimate claims of abuse and those intended for manipulation in custody disputes. It prohibits mutual protective orders, necessitating that allegations from both parties be handled through separate petitions, thus ensuring that the court assesses each case on its own merits. The provisions are aimed at preventing domestic abuse while clarifying court processes related to violations of protective orders, which can be crucial in domestic situations involving children.

Summary

House Bill 1622 seeks to amend the Protection from Domestic Abuse Act, specifically addressing the processes and legality surrounding protective orders. It establishes new provisions indicating that requesting a protective order for malicious reasons, such as harassment or obtaining undue advantage during divorce or separations, is unlawful. Violators of this provision could face misdemeanor penalties for first offenses and felony charges for subsequent offenses. This aims to deter misuse of the protective order system while ensuring genuine victims have adequate legal recourse.

Contention

Notable points of contention may arise concerning the law's interpretation and its application to custody cases, where both spouses might claim abuse. Some advocates may express concern that this could dissuade victims from seeking protection for fear their claims will be countered by allegations of manipulation. Furthermore, the legislation's requirement for courts to consolidate hearings only under specific conditions could introduce complexities that may complicate the judicial process for victims seeking immediate relief.