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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 899 By: Jett
AS INTRODUCED
An Act relating to the Protection from Domestic Abuse
Act; amending 22 O.S. 2021, Section 60.2, as last
amended by Section 1, Chapter 305, O.S.L. 2023 (22
O.S. Supp. 2024, Section 60.2), which relates to
protective orders; authorizing certain petition
information; 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 r elates to
service of order; requiring court to consider certain
criminal history; amending 22 O.S. 2021, Section
60.6, which relates to violation of order; modifying
penalty provisions for certain offenses; 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, as
last amended by Section 1, Chapter 305, O.S.L. 2023 (22 O.S. Supp.
2024, 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 hara ssment, 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
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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 district court in the county in wh ich the
victim resides, the county in which the defendant resides, or the
county in which the domestic violence occurred. If the person
seeking relief is not a family or household member or an individual
who is or has been in a dating relationship with th e 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 person seeking
relief shall provide a copy of the compla int 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 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 shall not require jurisdiction or venue of the
criminal offense if either the plaintiff or defendant resides in the
county. If a petition has been fil ed 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, the petition for the
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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
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 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.
3. A petition for a protective order may include all members of
the residence of the petitioner seeking relief as part of the same
petition.
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B. The petition forms shall be provided by the clerk of the
court. The Administrativ e 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 plaintiff or victim at any 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, oth er 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 a bility 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, defendant
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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 requ ire 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.
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 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 necessary to effectuate
the provisions of this subsection.
SECTION 2. 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
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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 clerk
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 manner. Any fee for service o f
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 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. When service cannot be made upon the defendant
by the sheriff, the sheriff may contact another law enforcement
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 transferred to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electronic means.
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4. The return of service shall be submitted to the sheriff ’s
office or court clerk in the court where the petition, notice of
hearing or order was issued.
5. When the defendant is a minor child who is ordered removed
from the residence of the victim, in addition to those documents
served upon the defendant, a copy of the petition, notice of hearing
and a copy of any temporary order or ex parte ord er 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 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 th e petition to
hold such a hearing, regardless of whether an emergency temporar y
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 pursuan t to Section 2-2-101 of
Title 10A of the Oklahoma Statutes, 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 on the petition for a
protective order within seventy -two (72) hours when the court issues
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an emergency temporary order or ex parte order suspending child
visitation rights due to physical violence or thre at 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 petitioner,
issue a new emergency order reflecting a new hearing date and direct
service to issue.
4. A petition for a protec tive 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 victim
requests dismissal or fails t o 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; 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 protect ive order that the court reasonably
believes are necessary to bring about the cessation of domestic
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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
counseling, parenting classes or joint victim -offender counseling
sessions. The court may order the defendant to obtain domestic
abuse counseling or t reatment 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. The court shall consider a defendant ’s criminal history in
determining 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.
3. If the court grants a protective order a nd the defendant is
a minor child, the court shall order a preliminary inquiry in a
juvenile proceeding to determine whether further court action
pursuant to the Oklahoma Juvenile Code should be taken against a
juvenile defendant.
D. Final protective orde rs 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
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participate in the court-approved counseling services necessary to
bring about cessation of d omestic 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 compromise the safety of
the victim including, but not limited to, mediation, couples
counseling, family counseling, parenting classes or joint victim -
offender counseling sessions.
2. The defendant may be required to pay all or any part of the
cost of such treatment or counseling s ervices. The court shall not
be responsible for such cost.
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 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:
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a. for a fixed period not to exceed 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 protective order shall remain in
full force and effect during the period of
incarceration. The period of incarceration, in any
jurisdiction, shall not be in cluded 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 previous ly been convicted of a
violent felony offense,
(3) the person has a previous f elony 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 a gainst the person in
this state or another state, or
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(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 violen ce or a history of other violent
acts. The protective order shall remain in e ffect 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 defenda nt is incarcerated, the protective order
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 protecti ve 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 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 return to the residence.
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H. 1. It shall be unlawful for any person to knowingly and
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, or limitation of child
visitation rights in any divorce proceeding or separation action
without justifiable cause.
2. The violator shall, upon convi ction thereof, be guilty of a
misdemeanor punishable by imprisonment in the co unty 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.
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 i mprisonment.
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 divorce 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 like relief obtainable pursuant to
Title 43 of the Oklahoma Statutes, except child visitation orders
may be temporarily suspended or modified to prote ct from threats of
abuse or physical violence by the defendant or a threat to violate a
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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 threats of abuse, the court shall allow
visitation only under conditions that provide adequate supervision
and protection to the child while maintaining the integr ity 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
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 billing responsibility for and rights
to the wireless telephone number or numbers or household utility
account to the petitioner shall list the name and b illing telephone
number of the account holder, the name and contact information of
the person to whom the telephone 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
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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 electron ically 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
provided by the wireless servic e provider or public utility
provider. Such transmittal shall constitute adeq uate notice for the
wireless service provider or public utility provider.
4. If the wireless service provider or public utility provider
cannot operationally or technically effe ctuate the order due to
certain circumstances, the wireless service provider or public
utility provider shall notify the petitioner. Such circumstances
shall include, but not be limited to, the following:
a. the account holder has already terminated the a ccount,
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 of this subsection by a wireless
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service provider or public utility provider, the petitioner shall
assume all financial responsibility for the transf erred wireless
telephone number or numbers or household utility account, month ly
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 pr ovider 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.
6. The provisions of this subsection shall not preclude a
wireless service provider or public utility provider from applying
any routine and customary re quirements for account establishment 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, financial 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 control of personal property.
8. No cause of action shall lie against any wireless service
provider or public utility provider, its officers, employe es or
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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) o f the
federal Telecommunications Act of 1996,
b. “public utility provider ” means every corporation
organized or doing business in this state that owns,
operates or manages any plant or equipment 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 protec tive 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 i ndividual 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.
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3. The court may only consolidate a hearing if:
a. the court makes specific finding s 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
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 legal 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 3. AMENDATORY 22 O.S. 2021, Section 60.6, is
amended to read as follows:
Section 60.6. A. Except as otherwise provided by this section,
any person who:
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1. Has been served with an emergency temporary, ex parte or
final protective order or foreign protective order and is in
violation of such protective o rder, upon conviction, shall be guilty
of a misdemeanor felony and shall be punished by a fine of not more
than One Thousand Dollars ($1,000.00) or Two Thousand Dollars
($2,000.00), by a term of imprisonment in the county jail of custody
of the Department of Corrections for not more than one (1) year two
years, or by both such fine and imprisonment; and
2. After a previous conviction of a violation of a protective
order, is convicted of a second or subsequent offense pursuant to
the provisions of this sect ion shall, upon conviction, be guilty of
a felony and shall be punished by a term of imprisonment in the
custody of the Department of Corrections for not less than one (1)
year nor more than three (3) four (4) years, or by a fine of not
less than Two Thousand Dollars ($2,000.00) nor more than Ten
Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.
B. 1. Any person who has been served with an emergency
temporary, ex parte or final protective order or foreign protective
order who violates the protective order and causes physical injury
or physical impairment to the plaintiff or to any other person named
in said protective order shall, upon conviction, be guilty of a
misdemeanor felony and shall be punished by a term of imprisonment
in the county jail for not less than twenty (20) days nor custody of
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the Department of Corrections for not more than one (1) year two (2)
years. In addition to the term of imprisonment, the person may be
punished by a fine not to exceed Five Thousand Dollars ($5, 000.00).
2. Any person who is convicted of a second or subsequent
violation of a protective order which causes physical injury or
physical impairment to a plaintiff or to any other person named in
the protective order shall be guilty of a felony and shall be
punished by a term of imprisonment in the custody of the Department
of Corrections of not less than one (1) year nor more than five (5)
years six (6) years, or by a fine of not less than Three Thousand
Dollars ($3,000.00) nor more than Ten Thousand Dol lars ($10,000.00),
or by both such fine and imprisonment.
3. In determining the term of imprisonment required by this
section, the jury or sentencing judge shall consider the degree of
physical injury or physical impairment to the victim.
4. The provisions of this subsection shall not affect the
applicability of Sections 644, 645, 647 and 652 of Title 21 of the
Oklahoma Statutes.
C. The minimum sentence of imprisonment issued pursuant to the
provisions of paragraph 2 of subsection A and paragraph 2 of
subsection B of this section shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation,
provided the court may subject any remaining penalty under the
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jurisdiction of the court to the statutory provisions for suspe nded
sentences, deferred sentences or probation.
D. In addition to any other penalty specified by this section,
the court shall require a defendant to undergo the treatment or
participate in the counseling services necessary to bring about the
cessation of domestic abuse against the victim or to bring about the
cessation of stalking or harassment of the victim. For every
conviction of violation of a protective order:
1. The court shall specifically order as a condition of a
suspended sentence or probatio n that a defendant participate in
counseling or undergo treatment to bring abo ut the cessation of
domestic abuse as specified in paragraph 2 of this subsection;
2. a. The court shall require the defendant to participate
in counseling or undergo treatment f or domestic abuse
by an individual licensed practitioner or a domestic
abuse treatment program certified by the Attorney
General. If the defendant is ordered to participate
in a domestic abuse counseling or treatment program,
the order shall require the d efendant to attend the
program for a minimum of fifty -two (52) weeks,
complete the program, and be evaluated before and
after attendance of the program by a program counselor
or a private counselor.
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b. A program for anger management, couples counseling, or
family and marital counseling shall not solely qualify
for the counseling or treatment requirement for
domestic abuse pursuant to this subsection. The
counseling may be ordered in addition to counseling
specifically for the treatment of domestic abuse or
per evaluation as set forth below. If, after
sufficient evaluation and atten dance at required
counseling sessions, the domestic violence treatment
program or licensed professional determines that the
defendant does not evaluate as a perpetrator of
domestic violence or does evaluate as a perpetrator of
domestic violence and should complete other programs
of treatment simultaneously or prior to domestic
violence treatment, including but not limited to
programs related to the mental health, apparent
substance or alcohol abuse or inability or refusal to
manage anger, the defendant shal l be ordered to
complete the counseling as per the recommendations of
the domestic violence treatment program or licensed
professional;
3. a. The court shall set a review hearing no more than one
hundred twenty (120) days after the defendant is
ordered to participate in a domestic abuse counseling
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program or undergo treatment for domestic abuse to
assure the attendance and compliance of the defendant
with the provisions of this su bsection and the
domestic abuse counseling or treatment requirements.
b. The court shall set a second review hearing after the
completion of the counseling or treatment to assure
the attendance and compliance of the defendant with
the provisions of this su bsection and the domestic
abuse counseling or treatment requirements. The court
may suspend sentencing of the defendant until the
defendant has presented proof to the court of
enrollment in a program of treatment for domestic
abuse by an individual licens ed practitioner or a
domestic abuse treatment program certified by the
Attorney General and attendance at weekly sessions of
such program. Such proof shall be presented to the
court by the defendant no later than one hundred
twenty (120) days after the de fendant is ordered to
such counseling or treatment. At such time, the court
may complete sentencing, beginning the period of the
sentence from the date that proof of enrollment is
presented to the court, and schedule reviews as
required by subparagraphs a and b of this paragraph
and paragraphs 4 and 5 of this subsection. The court
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shall retain continuing jurisdiction over the
defendant during the course of ordered counseling
through the final review hearing;
4. The court may set subsequent or other revie w hearings as the
court determines necessary to assure the defendant attends and fully
complies with the provisions of this subsection and the domestic
abuse counseling or treatment requirements;
5. At any review hearing, if the defendant is not
satisfactorily attending individual counseling or a domestic abuse
counseling or treatm ent program or is not in compliance with any
domestic abuse counseling or treatment requirements, the court may
order the defendant to further or continue counseling, treatment, or
other necessary services. The court may revoke all or any part of a
suspended sentence, deferred sentence, or probation pursuant to
Section 991b of this title and subject the defendant to any or all
remaining portions of the original sentence;
6. At the first review hearing, the court shall require the
defendant to appear in co urt. Thereafter, for any subsequent review
hearings, the court may accept a report on the progress of the
defendant from individual counseling, domestic abuse counseling, or
the treatment program. There shall be no requirement for the victim
to attend review hearings; and
7. If funding is available, a referee may be appointed and
assigned by the presiding judge of the district court to hear
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designated cases set for review under this subsection. Reasonable
compensation for the referees shall be fixed by the presiding judge.
The referee shall meet the requirements and perform all duties in
the same manner and procedure as set forth in Sections 1 -8-103 and
2-2-702 of Title 10A of the Oklahoma Statutes pertaining to referees
appointed in juvenile proceedings.
E. Emergency temporary, ex parte and final protective orders
shall include notice of these penalties.
F. When a minor child violates the provisions of any protective
order, the violation shall be heard in a juvenile proceeding and the
court may order the child and the parent or parents of the child to
participate in family counseling services necessary to bring about
the cessation of domestic abuse against the victim and may order
community service hours to be performed in lieu of any fine or
imprisonment authorized by this section.
G. Any district court of this state and any judge thereof shall
be immune from any liability or prosecution for issuing an order
that requires a defendant to:
1. Attend a treatment program for domestic abusers certified by
the Attorney General;
2. Attend counseling or treatment services ordered as part of
any final protective order or for any violation of a protective
order; and
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3. Attend, complete, and be evaluated before and after
attendance by a treatment program for domestic abusers certified by
the Attorney General.
H. At no time, under any proceeding, may a person protected by
a protective order be held to be in violation of that protectiv e
order. Only a defendant against whom a protective order has been
issued may be held to have violated the order.
I. In addition to any other penalty specified by this section,
the court may order a defendant to use an active, real -time, twenty-
four-hour Global Positioning System (GPS) monitoring device as a
condition of a sentence. The court may further order the defendant
to pay costs and expenses related to the GPS device and monitoring.
SECTION 4. This act shall become effective Nove mber 1, 2025.
60-1-347 CN 1/16/2025 10:51:49 AM