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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3588 By: Strom
AS INTRODUCED
An Act relating to protective orders; amending 22
O.S. 2021, Section 60.4, as amended by Section 7,
Chapter 318, O.S.L. 2022 (22 O.S. Supp . 2023, Section
60.4), which relates to service; permitting service
by publication if certain conditions are met;
directing that service by publication shall no t be
made without court approval; directing that service
by publication be made for certain time period;
providing information summons must include; providing
form; directing that new hearing date be s cheduled
after service by publication ; authorizing court to
accept alternative forms of service if certain
conditions are met; and providing an effecti ve date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 22 O.S. 2021, Section 60.4, as
amended by Section 7, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2023,
Section 60.4), is amended to read as follows:
Section 60.4 A. 1. A copy of a petition for a protective
order, any notice of hearing and a copy of any emergency temporary
order or emergency ex parte or der issued by the court shall be
served upon the defendant in the same manner as a bench warrant. In
addition, if the service is to be in another county, the court c lerk
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may issue service to the sheriff by facsimile or other electronic
transmission for service by the sheriff and receive t he return of
service from the sheriff in the same manner. Any fee for service of
a petition for protective order, notice of hearing , and emergency ex
parte order shall only be charged pursuant to subsection C of
Section 60.2 of this title and, if charged, shall be the same as the
sheriff's service fee plus mileage expenses.
2. Emergency temporary ord ers, emergency ex parte orders and
notice of hearings shall be given priority for service and can be
served twenty-four (24) hours a day when the location of the
defendant is known. When service cannot be made upon the defendant
by the sheriff, the sherif f may contact another law enforcem ent
officer or a private investigator or private process server to serve
the defendant.
3. An emergency temporary order, em ergency ex parte order, a
petition for protective order, and a notice of hearing shall have
statewide validity and may be transferre d to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electr onic means.
4. The return of service shall be submitted to the sheriff's
office or court clerk in the court where the petition, not ice of
hearing or order was issued.
5. When the defendant is a minor child who is orde red removed
from the residence of the victim, in addition to those documents
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served upon the defendant, a copy of the petition, notice of hearing
and a copy of any tempo rary order or ex parte order issued by the
court shall be delivered with the child to t he caretaker of the
place where such child is taken pursuant to Section 2-2-101 of Title
10A of the Oklahoma Statutes.
B. 1. Within fourteen (14) days of the filing of the petition
for a protective order, the court shall schedule a full hearing on
the petition, if the court finds sufficient grounds within the scope
of the Protection from Domestic Abuse Act stated in the petition to
hold such a hearing, regardless of whe ther an emergency temporary
order or ex parte order has been previously issued, reques ted or
denied. Provided, however, whe n the defendant is a minor child who
has been removed from the residence pursuant to Section 2-2-101 of
Title 10A of the Oklahoma St atutes, the court shall schedule a full
hearing on the petition within seventy -two (72) hours, regardless of
whether an emergency temporary order or ex parte order has been
previously issued, requested or denied.
2. The court may schedule a full hearing o n the petition for a
protective order within seventy-two (72) hours when the court is sues
an emergency temporary order or ex parte order suspending child
visitation rights due to physical violence or threat of abuse.
3. If service has not been made on the defendant at the time of
the hearing, the court shall, at the request of the petiti oner,
issue a new emergency order reflec ting a new hearing date and direct
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service to issue. If after two attempts service has not been made,
service by publication is pe rmitted. Service by publication is only
permitted in those cases where all other means of s ervice have been
unsuccessful or are not possible due to lack of any known p hysical
or electronic address of the respondent. Publication must be made
in a newspaper of general circulation in the county where the
petition was brought and in the county of th e last-known address of
the respondent once a week for three consecutive weeks. The
newspaper selected must be one of the three most widely cir culated
papers in the county. The publication of summons must not be made
until the court orders service by p ublication pursuant to this
section. Service of the summons is considered complete on the date
of the third publication when publication has been made f or three
consecutive weeks. The summons must be signed by the petitione r.
The summons must contain the dat e of the first publication and shall
require the respondent upon whom service by p ublication is desired
to appear and answer the petition on the date set for t he hearing.
The summons must also contain a brie f statement of the reason for
the petition and a summary of the provisions under the temporary
protection order. The summons must be essentially in the following
form:
SUMMONS
IN THE DISTRICT COURT OF ________________ COUNTY,
STATE OF OKLAHOMA
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Petitioner )
v. ) No.________
Respondent )
Summons
The State of Oklahoma to the above-named Respondent:
You are hereby summoned to appear on the ____ day of the month of
________ of the year _____ at _____ a.m./p.m. and to respond to the
petition. If you fail to respond, a protection order will be issued
against you, pursuant to Section 60.4 of Title 22 of the Oklahoma
Statutes for a minimum of one (1) year from the date y ou are
required to appear. A temporary protection order with the following
provisions has been issued against you:
____________________________________________________________________
________________________________ ____________________________________
_______________________________________________________ _____________
A copy of the petition, notice of he aring, and temporary protection
order has been filed with the clerk of this court.
4. A petition for a protective order shall, upon the request of
the petitioner, renew every fourteen (14) d ays with a new hearing
date assigned until the defenda nt is served. A petition for a
protective order shall not expire unless the petitioner fails to
appear at the hearing or fails to request a new order. A petitioner
may move to dismiss the petition and emergency or final order at any
time; however, a prot ective order must be dismissed by court o rder.
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If a petitioner begins the process of service by publication, a new
hearing date will be scheduled after serv ice by publication has been
perfected.
5. If traditional methods of service have failed, the court is
authorized to accept alternative forms of service at the court's
discretion, provided the petitione r can show by clear and c onvincing
evidence that the re spondent has been notified of the proceedings
and has been given the opportunity to appear.
6. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order unless the victim
requests dismissal or fails to appear for the hearing thereon.
6. 7. A final protective order shall be granted or denied
within six (6) months of service on the defendant unless all parties
agree that a temporary protective order remain in effect; provided,
a victim shall have the right to request a final protective order
hearing at any time after the passage of six (6) months.
C. 1. At the hearing, the court may impose any terms and
conditions in the protective order that the court reasonably
believes are necessar y to bring about the cessation of domestic
abuse against the victim or stal king or harassment of the victim or
the immediate family of the victim but shall not impose any term and
condition that may compromise the safety of the victim including,
but not limited to, mediation, couples counseling, family
counseling, parenting class es or joint victim-offender counseling
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sessions. The court may order the defendant to obtain domestic
abuse counseling or treatment in a program certified by the Attorney
General at the expense of the defendant pursuant to Section 644 of
Title 21 of the Oklahoma Statutes.
2. If the court grants a protective order and the defendant is
a minor child, the court shall order a preliminary inquiry in a
juvenile proceeding to determine wh ether further court action
pursuant to the Oklahoma Juvenile Code should b e taken against a
juvenile defendant.
D. Final protective orders authorized by this section shall be
on a standard form developed by the Administrative Office of the
Courts.
E. 1. After notice and hearing, protective orders authorized
by this section may require the defendant to undergo treatment or
participate in the court-approved counseling services necessary to
bring about cessation of domestic abuse against the victim pursuant
to Section 644 of Title 21 of the Oklahoma Statutes but shall not
order any treatment or counseling that may compromis e the safety of
the victim including, but not limited to, mediation, couples
counseling, family counseling, parenting classes or joint vi ctim-
offender counseling sessions.
2. The defendant may be required to pay all or any part of the
cost of such treatme nt or counseling services. The court shall not
be responsible for such cost.
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3. Should the plaintiff choose to undergo treatment or
participate in court-approved counseling services for victims of
domestic abuse, the court may order the defendant to pay all or any
part of the cost of such treatment or counseling services if the
court determines that payment by the defendant is appropriate .
F. When necessary to protect the victim and when authorized by
the court, protective orders granted pursuant to the provisions of
this section may be served upon the defendant by a peace officer,
sheriff, constable, or policeman or other officer whose d uty it is
to preserve the peace, as defined by Section 99 of Title 21 of the
Oklahoma Statutes.
G. 1. Any protective order issued on or after November 1,
2012, pursuant to subsection C of this section shall be:
a. for a fixed period not to exceed a perio d of five (5)
years unless extended, modified, vacated or rescinded
upon motion by either party or if the court approve s
any consent agreement entered into by the plaintiff
and defendant; provided, if the defendant is
incarcerated, the protective order sha ll remain in
full force and effect during the period of
incarceration. The period of incarceration, in any
jurisdiction, shall not be included in the calculation
of the five-year time limitation, or
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b. continuous upon a specific finding by the court of on e
of the following:
(1) the person has a history of violating the orders
of any court or governmental entity,
(2) the person has previously been convicted of a
violent felony offense,
(3) the person has a previous felony conviction for
stalking as provided in Section 1173 of Title 21
of the Oklahoma Statutes,
(4) a court order for a final Victim Protection Order
has previously been issued against the person in
this state or another state, or
(5) the victim provides proof that a continuous
protective order is necessary for his or her
protection.
Further, the court may take into consideration whether the person
has a history of domestic violence or a history of other violent
acts. The protective order shall remain in effect until modifie d,
vacated or rescinded upon motion by either party or if the court
approves any consent agreement entered into by the plaintiff and
defendant. If the defendant is incarcerated, the protective order
shall remain in full force and effect during the period of
incarceration.
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2. The court shall notify the parties at the time of the
issuance of the protective order of the duration of the protec tive
order.
3. Upon the filing of a motion by either party to modify,
extend, or vacate a protective order, a hearing shall be scheduled
and notice given to the parties. At the hearing, the issuing court
may take such action as is necessary under the cir cumstances.
4. If a child has been removed from the residence of a parent
or custodial adult because of domestic abus e committed by the chi ld,
the parent or custodial adult may refuse the return of such child to
the residence unless, upon further consider ation by the court in a
juvenile proceeding, it is determined that the child is no longer a
threat and should be allowed to return to the re sidence.
H. 1. It shall be unlawful for any person to knowingly and
willfully seek a protective order against a sp ouse or ex-spouse
pursuant to the Protection from Domestic Abuse Act for purposes of
harassment, undue advantage, inti midation, or limitatio n of child
visitation rights in any divorce proceeding or separation action
without justifiable cause.
2. The violator shall, upon conviction thereof, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a
period not exceeding one (1) year or by a fine not to exceed Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
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3. A second or subsequent conviction under this subsection
shall be a felony punishable by imprisonment in the custody of the
Department of Corrections for a period not to exceed two (2) years,
or by a fine not to exceed Ten Thousand Dollars ($10,000.00), or by
both such fine and imprisonment.
I. 1. A protective order issued under the Protection from
Domestic Abuse Act shall not in any manner aff ect title to real
property, purport to grant to the parties a divorce or otherwise
purport to determine the issues b etween the parties as to child
custody, visitation or visitation schedules, child support or
division of property or a ny other like relief o btainable pursuant to
Title 43 of the Oklahoma Statutes, except child visitation orders
may be temporarily suspended or modified to protect from threats of
abuse or physical violence by the defendant or a threat to violate a
custody order. Orders not affecting title may be entered for good
cause found to protect an animal owned by either of the parties or
any child living in the household.
2. When granting any protective order for the protection of a
minor child from violence or thre ats of abuse, the cour t shall allow
visitation only under conditions that provide adequate supervision
and protection to the child while m aintaining the integrity of a
divorce decree or temporary order.
J. 1. In order to ensure that a petitioner can maintain an
existing wireless telephone number or household utility account, the
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court, after providing notice and a hearing, may issue an ord er
directing a wireless service provider or public utility provider to
transfer the billing responsibility for and rig hts to the wireless
telephone number or numbers of any minor children in the care of the
petitioning party or household utility account to the petitioner if
the petitioner is not the wireless service or public utility account
holder.
2. The order transferring billing responsib ility for and rights
to the wireless telephone number or numbers or household utility
account to the petitioner shal l list the name and billing telephone
number of the account holder, the name and contact information of
the person to whom the telephone num ber or numbers or household
utility account will be transferred and each telephone number or
household utility to be transferred to that person. The court shall
ensure that the contact information of the petitioner is not
provided to the account holder in proceedings held under this
subsection.
3. Upon issuance, a copy of the final order of protection shall
be transmitted, either electronically or by certified mail, to the
registered agent of the wireless service provider or public u tility
provider listed with the Secretary of State or Corporation
Commission of Oklahoma or electronically to the email address
provided by the wireless service provider or public utility
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provider. Such transmittal shall constitute adequate notice for the
wireless service prov ider or public utility provider.
4. If the wireless service provider or public utility provider
cannot operationally or technically effectuate the order due to
certain circumstances, the wireless service provider or public
utility provider shall notify th e petitioner. Such circumstances
shall include, but not be limited to, the following:
a. the account holder has alr eady terminated the account,
b. the differences in network technology prevent the
functionality of a mobile device on the network, or
c. there are geographic or other limitations on network
or service availability.
5. Upon transfer of billing responsibili ty for and rights to a
wireless telephone number or numbers or household utility account to
the petitioner under the p rovisions of this subs ection by a wireless
service provider or public utility provider, the petitioner shall
assume all financial responsi bility for the transferred wireless
telephone number or numbers or household utility account, monthly
service and utility billing costs and costs for any mobile device
associated with the wireless telephone number or numbers . The
wireless service provider or public utility provider shall have the
right to pursue the original account holder for purposes of
collecting any past due amounts owed to the wireless service
provider or public utility provider.
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6. The provisions of this subsection shall not preclud e a
wireless service provider or public utility provider from applying
any routine and customary requirements for acco unt establishment to
the petitioner as part of this transfer of billing responsibility
for a household utility account or for a wireless t elephone number
or numbers and any mobile devices attached to that number including,
but not limited to, identificatio n, financial informati on and
customer preferences.
7. The provisions of this subsection shall not affect the
ability of the court to appo rtion the assets and debts of the
parties as provided for in law or the ability to determine the
temporary use, posses sion and control of p ersonal property.
8. No cause of action shall lie against any wireless service
provider or public utility provider, its officers, employees or
agents for actions taken in accordance with the terms of a court
order issued under the pro visions of this subs ection.
9. As used in this subsection:
a. "wireless service provider" means a provider of
commercial mobile service u nder Section 332(d) of the
federal Telecommunications Act of 1996,
b. "public utility provider" means every corporatio n
organized or doing business in this state that owns,
operates or manages any plant or equipment for the
manufacture, production, transmi ssion, transportation,
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delivery or furnishing of water, heat or light with
gas or electric current for heat, light or power, for
public use in this state, and
c. "household utility account" shall include utility
services for water, heat, light, power or ga s that are
provided by a public utility provider.
K. 1. A court shall not issue any mutual protective orders.
2. If both parties allege domestic abuse by the other party,
the parties shall do so by separate petitions . The court shall
review each petition separately in an individual or a consolidated
hearing and grant or deny each petition on its individual merits.
If the court finds cause to grant both motions, the court shall do
so by separate orders and with specific findings justifying the
issuance of each order.
3. The court may only consolidate a hearing if:
a. the court makes specific findings that:
(1) sufficient evidence exists of domestic abuse,
stalking, harassment or rape against each party,
and
(2) each party acted primarily as aggressors,
b. the defendant filed a petition with the court for a
protective order no less than three (3) days, not
including weekends or holidays, prior to the first
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scheduled full hearing on the petition filed by the
plaintiff, and
c. the defendant had no less than forty-eight (48) hours
of notice prior to the full hearing on the petition
filed by the plaintiff.
L. The court may allow a plaintiff or victim to be accompanied
by a victim support person at court proceedings . A victim support
person shall not make leg al arguments; however, a victim support
person who is not a licensed attorney may offer the plaintiff or
victim comfort or support and may remain in close proximity to the
plaintiff or victim.
SECTION 2. This act shall become effective November 1, 2024.
59-2-8963 CMA 01/05/24