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§22-60.2.
§22-60.2.
A. A victim of domestic abuse, a victim of stalking, a victim of
harassment, any adult or emancipated minor household member on behalf
of 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. Such person may seek relief by filing a petition for protective
order with the district court in either the county in which the victim
resides or the county in which the defendant resides.
2. When the abuse occurs when the court is not open for business, such
person may request an emergency temporary order of protection as
provided by Section 40.3 of this title.
B. The petition forms shall be provided by the clerk of the court and
shall be in substantially the following form:
IN THE DISTRICT COURT IN AND FOR ________ COUNTY
STATE OF OKLAHOMA
_________________________ )
Plaintiff )
)
vs. ) Case No.__________
)
_________________________ )
Defendant )
PETITION FOR PROTECTIVE ORDER
Plaintiff, being sworn, states:
1. (Check one or more)
[ ] The defendant caused or attempted to cause serious physical harm
to _______________.
[ ] The defendant threatened ___________________ with imminent serious
physical harm.
[ ] The defendant has stalked or harassed __________________.
2. The incident causing the filing of this petition occurred on or
about ______________________________.
(date)
(Describe what happened:)
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
3. The victim and the defendant are related as follows:
(check one)
[ ] married
[ ] divorced
[ ] parent and child
[ ] persons related by blood
[ ] persons related by marriage
[ ] present spouse of an ex-spouse
[ ] persons living in the same household
[ ] persons formerly living in the same household
[ ] biological parents of the same child
[ ] not related
4. (Answer this question only if the plaintiff is filing on behalf of
someone else, minor or incompetent)
The plaintiff and the victim are related as follows:
[ ] married
[ ] divorced
[ ] parent and child
[ ] persons related by blood
[ ] persons related by marriage
[ ] present spouse of an ex-spouse
[ ] persons living in the same household
[ ] persons formerly living in the same household
[ ] biological parents of the same child
5. (Check A or B)
(A) [ ] The victim is in immediate and present danger of abuse from
the defendant and an emergency ex parte order is necessary to protect
the victim from serious harm. The plaintiff requests the following
relief in the emergency ex parte order: (check one or more)
[ ] order the defendant not to abuse or injure the victim.
[ ] order the defendant not to visit, assault, molest or otherwise
interfere with the victim.
[ ] order the defendant not to threaten the victim.
[ ] order the defendant to cease stalking the victim.
[ ] order the defendant to cease harassment of the victim.
[ ] order the defendant to leave the residence located at
____________________ on or before ______________________.
[ ] order the defendant who is a minor child to leave the residence
located at ____________ by immediately placing the defendant in any
type of care authorized for children taken into custody pursuant to
subsection A of Section 7303-1.1 of Title 10 of the Oklahoma Statutes.
Circle age of defendant: Thirteen (13), fourteen (14), fifteen (15),
sixteen (16), or seventeen (17) years.
[ ] __________________________________________ (describe other relief
that plaintiff requests)
(B) [ ] The plaintiff does not request an emergency ex parte order.
6. Plaintiff requests the following order to be made by the court
following notice to the defendant and a hearing: (check one or
more)
[ ] order the defendant not to abuse or injure the victim.
[ ] order the defendant not to visit, assault, molest or otherwise
interfere with the victim.
[ ] order the defendant not to threaten the victim.
[ ] order the defendant to cease stalking the victim.
[ ] order the defendant to cease harassment of the victim.
[ ] order the defendant to leave the residence located at
______________________ on or before __________________.
[ ] order the defendant who is a minor child to leave the residence
located at ____________ by immediately placing the defendant in any
type of care authorized for children taken into custody pursuant to
subsection A of Section 7303-1.1 of Title 10 of the Oklahoma Statutes.
Circle age of defendant: Thirteen (13), fourteen (14), fifteen (15),
sixteen (16), or seventeen (17) years.
[ ] ________________________________________________ (describe other
relief that plaintiff requests)
[ ] order the defendant to pay attorney fees of the plaintiff in the
sum of ___________ on or before _______________________.
[ ] order the defendant to pay the court costs of this action in the
sum of ___________ on or before _______________________.
7. [ ] Victim is a resident of the county wherein this petition is
filed.
[ ] Defendant is a resident of the county wherein this petition is
filed.
8. Plaintiff has stated the truth, the whole truth and nothing but the
truth in this petition.
_______________________________
Plaintiff
Witness my hand and seal, affixed on the ___ day of ________, 19__.
________________________________
Court Clerk, Deputy Court Clerk,
or Notary Public
C. No filing fee shall be charged the plaintiff at the time the
petition is filed. The court may assess court costs and filing fees to
either party at the hearing on the petition.
D. The plaintiff shall prepare the petition as set forth above or, at
the request of the plaintiff, the clerk of the court or the
victim-witness coordinator shall prepare or assist the plaintiff in
preparing the same.
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