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§22-60.4.
§22-60.4.
A. A copy of the petition, notice of hearing and a copy of any ex
parte order issued by the court shall be served upon the defendant in
the same manner as a summons. Ex parte orders shall be given priority
for service by the sheriff's office and can be served twenty-four (24)
hours a day. 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 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 7303-1.1 of Title 10 of the
Oklahoma Statutes.
B. Within fifteen (15) days of the filing of the petition the court
shall schedule a full hearing on the petition, regardless of whether
an emergency 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 7303-1.1 of Title
10 of the Oklahoma Statutes, the court shall schedule a full hearing
on the petition within seventy-two (72) hours, regardless of whether
an emergency ex parte order has been previously issued, requested or
denied.
C. At the hearing, the court may grant any protective order to bring
about the cessation of domestic abuse against the victim or stalking
or harassment of the victim. 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 determine whether
further court action pursuant to the Oklahoma Juvenile Code be taken
against a juvenile defendant.
D. Protective orders 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 to cease stalking the victim;
5. An order to the defendant to cease harassment of the victim;
6. An order to the defendant to leave the residence;
7. An order awarding attorney fees;
8. An order awarding court costs; and
9. An order requiring a preliminary inquiry in a juvenile proceeding
pursuant to the Oklahoma Juvenile Code.
E. After notice and hearing, protective orders authorized by this
section may require the plaintiff or the defendant or both to undergo
treatment or participate in the counseling services necessary to bring
about cessation of domestic abuse against the victim. Either party or
both 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.
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. Any protective order issued on or after November 1, 1999, pursuant
to subsection C of this section shall be for a fixed period not to
exceed a period of three (3) 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. The
court shall notify the parties at the time of the issuance of the
protective order of the duration of the protective order. 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 should be allowed to
return to the residence.
H. No order issued under the Protection from Domestic Abuse Act,
Section 60 et seq. of this title, shall 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, child support or division of property or any
other like relief obtainable under Sections 101 et seq. of Title 43 of
the Oklahoma Statutes.
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