OSCN Found Document:Emergency Temporary Order of Prote... Page 1 of 3
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Title 22. Criminal Procedure
Oklahoma Statutes Citationized
Title 22. Criminal Procedure
Chapter 2 - Prevention of Public Offenses
Section 40.3 - Emergency Temporary Order of Protection Preliminary Investigation
Cite as: 22 O.S. § 40.3 (OSCN 2014)
A. When the court is not open for business, the victim of domestic violence,
stalking, harassment, rape or forcible sodomy may request a petition for an
emergency temporary order of protection. The peace officer making the
preliminary investigation shall:
1. Provide the victim with a petition for an emergency temporary order of
protection and, if necessary, assist the victim in completing the petition form. The
petition shall be in substantially the same form as provided by Section 60.2 of
this title for a petition for protective order in domestic abuse cases;
2. Immediately notify, by telephone or otherwise, a judge of the district court of
the request for an emergency temporary order of protection and describe the
circumstances. The judge shall inform the peace officer of the decision to
approve or disapprove the emergency temporary order;
3. Inform the victim whether the judge has approved or disapproved the
emergency temporary order. If an emergency temporary order has been
approved, the officer shall provide the victim, or a responsible adult if the victim is
a minor child or an incompetent person, with a copy of the petition and a written
statement signed by the officer attesting that the judge has approved the
emergency temporary order of protection; and
4. Notify the person subject to the emergency temporary protection order of the
issuance and conditions of the order if known. Notification pursuant to this
paragraph may be made personally by the officer upon arrest, or upon
identification of the assailant notice shall be given by any law enforcement
officer. A copy of the petition and the statement of the officer attesting to the
order of the judge shall be made available to the person.
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OSCN Found Document:Emergency Temporary Order of Prote... Page 2 of 3
B. The forms utilized by law enforcement agencies in carrying out the provisions
of this section may be substantially similar to those used under Section 60.2 of
this title.
Historical Data
Laws 1982, HB 1832, c. 220, § 4, eff. October 1, 1982; Amended by Laws 1986,
HB 1353, c. 197, § 5, eff. November 1, 1986; Amended by Laws 1993, SB 451,
c. 325, § 14, eff. September 1, 1993; Amended by Laws 1997, HB 1361, c. 368,
§ 1, eff. November 1, 1997 (superseded document available); Amended by Laws
2000, SB 1516, c. 370, § 3, emerg. eff. July 1, 2000 (superseded document
available); Amended by Laws 2002, SB 1650, c. 466, § 4, emerg. eff. June 5,
2002 (superseded document available); Amended by Laws 2010, HB 2827, c.
116, § 1, eff. November 1, 2010 (superseded document available).
©
Citationizer Summary of Documents Citing This Document
Cite Name
Level
Oklahoma Attorney General's Opinions
Cite
Name
1998 OK AG 41,
Question Submitted by: The Honorable Jari
Askins , State Representative, District 50
Oklahoma Court of Criminal Appeals Cases
Cite
Name
1988 OK CR 235,
STATE v. LEE
763 P.2d 385,
Oklahoma Session Laws - 2002
Cite
Name
2002 O.S.L. 466,
Criminal procedure; relating to victims
2002 O.S.L. 466,
protection orders for victims of rape and
forcible sodomy; deleting certain definitions.
Emergency.
Title 22. Criminal Procedure
Cite
Name
22 O.S. 60.3,
Emergency Ex Parte Order - Hearing
Level
Discussed at Length
Level
Discussed at Length
Level
Discussed
Level
Cited
Citationizer: Table of Authority
Cite Name
Level
Title 22. Criminal Procedure
Cite
Name
Level
22 O.S. 40.3,
Victims Not to be Discouraged from Pressing Cited
Charges
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OSCN Found Document:Emergency Temporary Order of Prote... Page 3 of 3
22 O.S. 60.2,
Protective Order - Petition - Form - Filing Fee Discussed
- Preparation - Protection of Animal
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