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SENATE FLOOR VERSION
February 7, 2023
SENATE BILL NO. 291 By: Murdock
An Act relating to victim protective orders; amending
22 O.S. 2021, Section 60.2, as amended by Section 6,
Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022, Section
60.2), which relates 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, as
amended by Section 6, Chapter 318, O.S.L. 2022 (22 O.S. Supp. 2022,
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 har assment, a victim of rape, any adult or
emancipated minor household member on behalf of any other family or
household member who is a minor or incompetent , any minor age
sixteen (16) or seventeen (17) years , or any adult victim of a crime
may seek relief under the provisions of the Protection from Domestic
Abuse Act.
1. The person seeking relief may file a petition for a
protective order with the distri ct court in the county in which the
victim resides, the c ounty in which the defendant resides, or the
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county in which the domestic violence occurred. If the person
seeking relief is not a family or household member or an indivi dual
who is or has been in a dating relationship with the defendant, the
person seeking relief must file a complaint against the defenda nt
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 filed with the
law enforcement agency at the full hearing if the co mplaint 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 atto rney fees
and court costs against the plaintiff pur suant 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 either the plaintiff or defendant r esides in the
county. If a petition has been filed in an action for divorce or
separate maintenance and either party to the action files a petition
for a protective order in the same county where the action for
divorce or separate maintenance is filed, th e 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 interest 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, 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 hea ring, 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 emergenc y temporary order of
protection as authorized by Se ction 40.3 of this title.
B. The petition forms shall be provided by the clerk of the
court. The Administrative O ffice 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 plaintiff or victim at any time f or filing a
petition for a protective order whether a protective order is
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granted or not granted. The court may assess court costs, service
of process fees, attorney fees, other fees and filing fees against
the defendant at the hearing on the petition, if a protective order
is granted against the defendant; provided, the court shall 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 findings that a petition for a
protective order has been filed frivolously 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 clerk or the victim-witness
coordinator, victim support person, and court 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, possession, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner, defen dant
or minor child residing in the residence of th e 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 th e animal.
F. A court may not require the victim to seek legal sanctions
against the defendant including, but not limited to, divor ce,
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separation, paternity or criminal proceedings prior to hearing a
petition for protective order.
G. A victim of rape, for cible 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 em ergency ex
parte order regardless of any relationship or scenario pursuant to
the provisions of this sectio n. The Administrative Office of the
Courts shall modify t he petition forms as necessary to effectuate
the provisions of this subsection.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 7, 2023 - DO PASS