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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1713 By: Murdock
AS INTRODUCED
An Act relating to victim protective orders; amending
22 O.S. 2021, Section 60.2, w hich relate to petition;
modifying eligibility for filing petition for
emergency protective order; an d 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 which the defendant resides, or the
county in which the domestic violence occurred. If the person
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seeking relief is a victim of stalking but is not a fam ily or
household member or an individu al who is or has been in a dating
relationship with the defendant, the 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 pe rson seeking relief shall provide a copy of
the complaint that was filed 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 e nforcement 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 shall
not require jurisdiction or venue of the criminal offense if ei ther
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 protective 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 order docket in
such court, or
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b. the court finds that, in the inter est of judicial
economy, both actions may be heard together; provided ,
however, the petition for a protective order,
including, but not limited to, a petition in which
children are named as petitioners, sha ll remain a
separate action and a separate order s hall be entered
in the protective order action. Protective orders ma y
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 does 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 request 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 o f the Courts shall develop a
standard form for the petition.
C. 1. Except as otherwise provided by this section, no f iling
fee, service of process fee, attorney fees or any other fee or costs
shall be charged the pla intiff or victim at any time for filin g a
petition for a protective order whether a prot ective order is
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granted or not granted. The court may assess court c osts, service
of process fees, attorney fees, other fees and filing fees against
the defendant at the hearing on the petition, if a prote ctive order
is granted against the defendant; prov ided, the court shall have
authority to waive the costs and fees if t he court finds that the
party does not have the ability to pay the costs and fees.
2. If the court makes specific findings that a petiti on for a
protective order has been filed frivolous ly and no victim exists,
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 plaintiff, the court cle rk or the victim-witness
coordinator, victim suppo rt person, and court case manager shall
prepare or assist the plainti ff in preparing the petition.
E. The person seeking a protective order may further request
the exclusive care, possession, or control of any animal owned,
possessed, leased, kept, or hel d by either the petitioner, 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 forbid the defendant from taking, transferring,
encumbering, concealing , molesting, attacking, 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,
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separation, paternity or criminal pro ceedings prior to hearing a
petition for protective order.
G. A victim of rape, forcible sodomy, a sex offense,
kidnapping, assault and battery with a deadly weapon , child abuse,
or member of the immediate family of a victim of first -degree
murder, as such terms are defined in Section 40 of this title, may
petition, or have a petition filed on the victim’s behalf if the
victim is a minor, for an emergency temporary order or emergency ex
parte order regardle ss of any relationship or scenario pursuant to
the provisions of this section. The Administrative Office of the
Courts shall modify the petition forms as necessary to effectuate
the provisions of this subsection.
SECTION 2. This act shall become effective November 1, 2022.
58-2-2366 TEK 1/20/2022 5:55:20 PM