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§22-60.3.
§22-60.3.
A. If a plaintiff requests an emergency ex parte order pursuant to
Section 60.2 of this title, the court shall hold an ex parte hearing
on the same day the petition is filed. The court may, for good cause
shown at the hearing, issue any emergency ex parte order that it finds
necessary to protect the victim from immediate and present danger of
domestic abuse, stalking, or harassment. The emergency ex parte order
shall be in effect until after the full hearing is conducted.
Provided, if the defendant, after having been served, does not appear
at the hearing, the emergency ex parte order shall remain in effect
until the defendant is served with the permanent order. If the terms
of the permanent order are the same as those in the emergency order,
or are less restrictive, then it is not necessary to serve the
defendant with the permanent order. Any emergency ex parte order
entered shall state: "IF YOU FAIL TO APPEAR AT THE HEARING, A
PERMANENT ORDER MAY BE ISSUED WITHOUT FURTHER NOTICE TO YOU." An
emergency ex parte order authorized by this section may include the
following:
1. An order to the defendant not to abuse or injure the victim;
2. An order to the defendant not to visit, assault, molest, harass or
otherwise interfere with the victim;
3. An order to the defendant not to threaten the victim;
4. An order to the defendant not to stalk the victim;
5. An order to the defendant not to harass the victim;
6. An order to the defendant to leave the residence; or
7. An order removing the defendant who is a minor child from the
residence by immediately placing the child 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.
B. If a plaintiff requests an emergency temporary ex parte order of
protection as provided by Section 40.3 of this title, the judge who is
notified of the request by a peace officer may issue such order
verbally to the officer or in writing when there is reasonable cause
to believe that the order is necessary to protect the victim from
immediate and present danger of domestic abuse. When the order is
issued verbally the judge shall direct the officer to complete and
sign a statement attesting to the order. The emergency temporary ex
parte order shall be in effect until the close of business on the next
day the court is open for business after the order is issued.
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