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SENATE FLOOR VERSION
February 8, 2022
SENATE BILL NO. 1674 By: Rader
An Act relating to protective orders; amending 22
O.S. 2021, Section 60.2, which relate s to petition
for protective order; modifying eligibility
requirements for filing petition for protective
order; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.2, is
amended to read as follows:
Section 60.2. A. A victim of domestic abuse, a victim of
stalking, a victim of harassment, a victim of rape, any adult or
emancipated minor household member on behalf o f any other family or
household member who is a minor or incompetent, or any minor age
sixteen (16) or seventeen (17) years may seek relief under the
provisions of the Protection from Domestic Abuse Act.
1. The person seeking relief may file a petition fo r a
protective order with the district court in the county in which the
victim resides, the county in whic h the defendant resides, or the
county in which the domestic violence occurred. If the person
seeking relief is a victim of stalking but is not a fam ily or
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household member or an individual who is or has been in a dating
relationship with the defendant, t he person seeking relief must file
a complaint against the defendant with the proper law enforcement
agency before filing a petition for a protective order with the
district court. The person seeking relief shall provide a copy of
the complaint that was f iled with the law enforcement agency at the
full hearing if the complaint is not available from the law
enforcement agency. Failure to provide a copy of the complaint
filed with the law enforcement agency shall constitute a frivolous
filing and the court may assess attorney fees and court costs
against the plaintiff pursuant to paragraph 2 of subsection C of
this section. The filing of a petition for a protective order sha ll
not require jurisdiction or venue of the criminal offense if either
the plaintiff or defendant resides in the county. If a petition has
been filed in an action for divorce or separate maintenance and
either party to the action fil es a petition for a pr otective order
in the same county where the action for divorce or separate
maintenance is filed, the petition for the protective order may be
heard by the court hearing the divorce or separate maintenance
action if:
a. there is no established protective or der docket in
such court, or
b. the court finds that, in the interest of judicial
economy, both actions may be heard together; provided,
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however, the petition for a protective order ,
including, but not limited to, a petition in which
children are named as petitioners, shall remain a
separate action and a separate order shall be entered
in the protective order action. Protective orders may
be dismissed in favor of restraining orders in the
divorce or separate maintenance action if the court
specifically finds, upon hearing, that such dismissal
is in the best interests of the parties and do es not
compromise the safety of any petitioner.
If the defendant is a minor child, the petition shall be filed
with the court having jurisdiction over juvenile matters.
2. When the abuse occurs when the court is not open for
business, such person may requ est an emergency temporary order of
protection as authorized by Section 40.3 of this title.
B. The petition forms shall be provided by the clerk of t he
court. The Administrative Office of the Courts shall develop a
standard form for the petition.
C. 1. Except as otherwise provided by this section, no filing
fee, service of process fee, attorney fees or any other fee or costs
shall be charged the pla intiff or victim at an y time for filing a
petition for a protective order whether a protective order is
granted or not granted. The court may assess court costs, service
of process fees, attorney fees, other fees and filing fees against
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the defendant at the hearing on the peti tion, if a protective order
is granted against the defendant; provided, the court sh all have
authority to waive the costs and fees if the court finds that the
party does not have the ability to pay the costs and fees.
2. If the court makes specific findin gs that a petition for a
protective order has been filed frivolously and no victim e xists,
the court may assess attorney fees and court costs against the
plaintiff.
D. The person seeking relief shall prepare the petition or, at
the request of the plaintif f, the court clerk or the victim -witness
coordinator, victim support person, and cou rt case manager shall
prepare or assist the plaintiff in preparing the petition.
E. The person seeking a protective order may further request
the exclusive care, possessio n, or control of any animal owned,
possessed, leased, kept, or held by either the pe titioner, defendant
or minor child residing in the residence of the petitioner or
defendant. The court may order the defendant to make no contact
with the animal and forbi d the defendant from taking, transferring,
encumbering, concealing, molesting, attac king, striking,
threatening, harming, or otherwise disposing of the animal.
F. A court may not require the victim to seek legal sanctions
against the defendant including, but not limited to, divorce,
separation, paternity or criminal proceedings prior to hearing a
petition for protective order.
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G. A victim of rape, forcible sodomy, a sex offense,
kidnapping, assault and battery with a deadly weapon or member of
the immediate family of a victim of first -degree murder, as such
terms are defined in Section 4 0 of this title, may petition for an
emergency temporary order or emergency ex parte order regardless of
any relationship or scenario pursuant to the provisions of this
section. The Administrative Office of the Courts shall modify the
petition forms as ne cessary to effectuate the provisions of this
subsection.
SECTION 2. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 8, 2022 - DO PASS