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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 623 By: Coleman
AS INTRODUCED
An Act relating to the Protection from Domestic Abuse
Act; amending 22 O.S. 2021, Section 60.4, as amended
by Section 7, Chapter 318, O. S.L. 2022 (22 O.S. Supp.
2024, Section 60.4), which relates to service of
protective orders; requiring service in certain
location; requiring initial attempt of service of
protective orders upon defendant within specified
time frame; and declaring an emerg ency.
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. 2024,
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 order 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 cl erk
may issue service to the sheriff by facsimile or other electronic
transmission for service by the sheriff and receive the return of
service from the sheriff in the same manne r. Any fee for service of
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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 mi leage expenses.
2. Emergency temporary orders, 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, including service to the county jail if the
defendant is currently in custody . The initial attempt at service
shall be made within twenty -four (24) hours of the issuance of the
order. When service cannot be made upon the defendant by the
sheriff, the sheriff may contact another law en forcement officer or
a private investigator or private process server to serve the
defendant.
3. An emergency temporary order, emergency ex parte order, a
petition for protective order, and a notice of hearing shall have
statewide validity and may be tran sferred to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electronic means.
4. The return of service shall be submitted to the sheriff ’s
office or court clerk in the court where the petitio n, notice of
hearing or order was issued.
5. When the defendant is a minor ch ild who is ordered 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 temporary order or ex parte order issued by the
court shall be delivered with the child to the 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 fil ing of the petition
for a protective order, the court shall schedule a full he aring 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 whether an emergency temporary
order or ex parte order has been previously issued, requested or
denied. Provided, however, when the defendant is a minor child who
has been removed from the residence pursuant to Section 2 -2-101 of
Title 10A of the Oklah oma Statutes, the court shall schedule a full
hearing on the petition within s eventy-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 hea ring on the petition for a
protective order within seventy -two (72) hours when the court issues
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 o f the petitioner,
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issue a new emergency order reflecting a new hearing date and direct
service to issue.
4. A petition for a protective order shall, upon the request of
the petitioner, renew every fourteen (14) days with a new hearing
date assigned until the defendant 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 protective order must be dismissed by court order.
5. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order unless the vict im
requests dismissal or fails to appear for the hearing thereon.
6. 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; provide d, 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 necessary to bring about the cessation of domestic
abuse against the victim or stalking 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
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counseling, parenting classes or joint victim -offender counseling
sessions. The court may order the defendant to obtain domestic
abuse counseling or treatment in a program certified by the Attorne y
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 d etermine whether further court action
pursuant to the Oklahoma Juvenile Code s hould be 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 vict im pursuant
to Section 644 of Title 21 of the Oklahoma Statutes but shall not
order any treatment or counseling that may compromise the safety of
the victim including, but not limited to, mediation, couples
counseling, family counseling, parenting classes or joint victim-
offender counseling sessions.
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2. The defendant may be required to pay all or any part of the
cost of such treatment or counseling services. The court shall not
be responsible for such cost.
3. Should the plaintiff choose to undergo treat ment 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 offi cer whose duty 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 exc eed a period of five (5)
years unless extended, modified, vacated or rescinded
upon motion by either party or if the court approves
any consent agreement entered into by the plaintiff
and defendant; provided, if the defendant is
incarcerated, the protectiv e order shall remain in
full force and effect during the period of
incarceration. The period of incarceration, in any
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jurisdiction, shall not be included in the calculation
of the five-year time limitation, or
b. continuous upon a specific finding by the court of one
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 modified,
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
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shall remain in full force and effect during the period of
incarceration.
2. The court shall notify the parties at the time of the
issuance of the protective order of the duration of the protective
order.
3. Upon the filing of a motion by either party to modify,
extend, or vacate a protective order, a hearing shall be s cheduled
and notice given to the parties. At the hearing, the issuing court
may take such action as is necessary under the circumstances.
4. If a child has been removed from the residence of a parent
or custodial adult because of domestic abuse committed by the child,
the parent or custodial adult may refuse the return of such child to
the residence unless, upon further consideration by the court in a
juvenile proceeding, it is determined that the child is no longer a
threat and should be allowed to retur n to the residence.
H. 1. It shall be unlawful for any person to knowingly a nd
willfully seek a protective order against a spouse or ex -spouse
pursuant to the Protection from Domestic Abuse Act for purposes of
harassment, undue advantage, intimidation, o r limitation 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
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period not exceeding one (1) year or by a fine not to exceed Five
Thousand Dollars ($5,000.0 0), or by both such fine and imprisonment.
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 affect title to real
property, purport to grant to the parties a divor ce or otherwise
purport to determine the issues between the parties as to child
custody, visitation or visitation schedules, child support or
division of property or any other li ke relief obtainable 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. Orde rs not affecting title may be entered for good
cause found to protect an anima l 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 threats of abus e, the court shall allow
visitation only under conditions that provide adequate supervision
and protection to the child while maintaining the integrity of a
divorce decree or temporary order.
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J. 1. In order to ensure that a petitioner can maintain an
existing wireless telephone number or household utility account, the
court, after providing notice and a hearing, may issue an order
directing a wireless service provider or public utility provider to
transfer the billing responsibility for and rights 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 billin g responsibility for and rights
to the wireless telephone number or numbers or household utility
account to the petitioner shall list the name and billing telephone
number of the account holder, the name and contact information of
the person to whom the te lephone number 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 accoun t 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 utility
provider listed with the Secretary of State or Corporation
Commission of Oklahoma or electronically to the email address
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provided by the wireless service provider or public utility
provider. Such transmittal shall constitute adequate notice for the
wireless service provider or public utility provider.
4. If the wireless service provid er or public utility provider
cannot operationally or technically effectuate the order due to
certain circumstances, the wireless service provider or public
utility provider shal l notify the petitioner. Such circumstances
shall include, but not be limited to, the following:
a. the account holder has already 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 responsibility for and rights to a
wireless telephone number or numbers or household utility account to
the petitioner under the provisions o f this subsection by a wireless
service provider or public utility provider, the petitioner shall
assume all financial responsibility 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
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collecting any past due am ounts owed to the wireless service
provider or public utility provider.
6. The provisions of this subsection shall not preclude a
wireless service provider or public utility provider from applying
any routine and customary requirements for account establi shment to
the petitioner as part of this transfer of billing responsibility
for a household utility account or for a wireless telephone number
or numbers and any mobile devices attached to that number including,
but not limited to, identification, financia l information and
customer preferences.
7. The provisions of this subsection shall not affect the
ability of the court to apportion the assets and debts of the
parties as provided for in law or the ability to determine the
temporary use, possession and co ntrol of personal property.
8. No cause of action shall lie against any wirel ess 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 provisions of this subsection.
9. As used in this subsection:
a. “wireless service provider ” means a provider of
commercial mobile service under Section 332(d) of the
federal Telecommunications Act of 1996,
b. “public utility provider ” means every corporation
organized or doing business in this state that owns,
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operates or manages any plant or e quipment for the
manufacture, production, transmission, transportation,
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 gas 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 separa te 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
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including weekends or ho lidays, prior to the first
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 pla intiff or victim to be accompanied
by a victim support person at court proceed ings. A victim support
person shall not make legal arguments; however, a victim support
person who is not a licensed attorney may offer the plaintiff or
victim comfort or suppor t and may remain in close proximity to the
plaintiff or victim.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shal l take effect and
be in full force from and after its passage and approval.
60-1-858 TEK 1/14/2025 11:39:13 AM