DISCLAIMER
This template is provided for educational and informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Oklahoma courts make available official, state-approved protective-order forms; those forms control and must be used whenever required by statute or local rule. Before filing or relying on this template, consult a duly licensed Oklahoma attorney to ensure (i) statutory compliance with the Protection from Domestic Abuse Act (currently codified at Okla. Stat. tit. 22, §§ 60.1 et seq.) and related federal law, (ii) conformity with local court procedures, and (iii) that all factual allegations are supported by admissible evidence.
PROPOSED DOMESTIC VIOLENCE PROTECTIVE ORDER
Oklahoma District Court – Family Division
[COURT NAME], [COUNTY] COUNTY, STATE OF OKLAHOMA
Case No. [____]
In re:
[PETITIONER LEGAL NAME], Petitioner,
and
[RESPONDENT LEGAL NAME], Respondent.
Effective Date: [____]
TABLE OF CONTENTS
- Document Header
- Definitions
- Jurisdiction & Venue Findings
- Representations & Findings of Fact
- Operative Injunctive Provisions
- Respondent Covenants & Restrictions
- Enforcement Mechanisms
- Violation Penalties & Remedies
- Service, Notice, and Law-Enforcement Entry
- Modification, Extension, and Termination
- General Provisions
- Execution Block
[// GUIDANCE: Update page numbers if converting to final, paginated pleading.]
1. DOCUMENT HEADER
1.1 Title. This Proposed Protective Order (“Order”) is issued pursuant to the Oklahoma Protection from Domestic Abuse Act and is intended to provide immediate injunctive relief to the Petitioner and other Protected Parties identified herein.
1.2 Parties.
(a) Petitioner: [PETITIONER LEGAL NAME], date of birth [DOB], residence address [REDACTED FOR SAFETY];
(b) Respondent: [RESPONDENT LEGAL NAME], date of birth [DOB], last-known address [____].
1.3 Court & Case Information.
(a) Judicial District: [_];
(b) Assigned Judge: [_];
(c) Case Type: Domestic Violence Protective Order;
(d) Filing Date: [____].
1.4 Effective Date and Duration. Unless earlier modified or extended, this Order shall remain in force until [EXPIRATION DATE], not to exceed five (5) years absent statutory findings permitting a longer period.
2. DEFINITIONS
As used in this Order, capitalized terms have the meanings set forth below. Any term not defined herein shall have the meaning provided in the Protection from Domestic Abuse Act.
“Act” means the Oklahoma Protection from Domestic Abuse Act, Okla. Stat. tit. 22, §§ 60.1 et seq.
“Court” means the District Court of [COUNTY] County, State of Oklahoma, Family Division.
“Firearm” has the same meaning as in 18 U.S.C. § 921(a)(3).
“Law Enforcement Agency” or “LEA” means the primary police agency with jurisdiction over Respondent’s residence or, if different, the agency specified in Section 9.3.
“Protected Address” means each location listed in Section 5.2, including the Petitioner’s residence, temporary residence, workplace, and any school or daycare facility attended by the minor Protected Parties.
“Protected Parties” means collectively:
(a) Petitioner;
(b) [MINOR CHILD(REN) NAMES AND DOBs]; and
(c) Any other person expressly listed in Section 5.1(c).
“Prohibited Conduct” means any act set forth in Section 5.3.
3. JURISDICTION & VENUE FINDINGS
3.1 Jurisdiction. The Court finds that it has subject-matter jurisdiction pursuant to Okla. Stat. tit. 22, §§ 60.2 and personal jurisdiction over the Respondent based on residency, presence, or statutory long-arm provisions.
3.2 Venue. Venue is proper in [COUNTY] County because one or more acts of domestic violence are alleged to have occurred within this county, and/or the Petitioner resides herein.
4. REPRESENTATIONS & FINDINGS OF FACT
4.1 Petitioner’s Allegations. Petitioner alleges under oath that Respondent has committed domestic abuse, harassment, stalking, or threats as defined by the Act on or about [DATES].
4.2 Immediate and Present Danger. The Court expressly finds that the allegations establish an immediate and present danger of domestic violence to the Petitioner and/or minor children, warranting issuance of this Order without further delay.
4.3 Notice to Respondent. Respondent has been (or will be) served with (i) verified petition, (ii) notice of hearing, and (iii) any emergency temporary order previously entered, in compliance with the Act and due-process requirements.
[// GUIDANCE: Insert additional factual findings if required by statute—for example, firearm findings under federal law.]
5. OPERATIVE INJUNCTIVE PROVISIONS
5.1 Persons Protected. Respondent is restrained from any contact with:
(a) Petitioner;
(b) Minor child(ren) identified in Section 2;
(c) [ADDITIONAL PROTECTED PARTIES].
5.2 Stay-Away Order. Respondent shall remain at least [___] yards/meters from each Protected Address, including:
(i) [PETITIONER RESIDENCE ADDRESS OR “CONFIDENTIAL”];
(ii) [PETITIONER WORKPLACE];
(iii) [CHILD SCHOOL/DAYCARE]; and
(iv) any place where Petitioner or minor children may reside or temporarily occupy.
5.3 No Contact. Respondent shall not initiate or engage in any direct or indirect contact with any Protected Party, including but not limited to:
(a) in-person communication;
(b) telephone calls, text messages, emails, social-media messages, or other electronic communications;
(c) third-party communications designed to circumvent this Order.
5.4 Prohibition on Threats and Abuse. Respondent shall not commit or threaten to commit any act of domestic abuse, harassment, or stalking against any Protected Party.
5.5 Firearm Surrender. Pursuant to 18 U.S.C. § 922(g)(8) and Okla. Stat. tit. 22, § 60.13, Respondent shall:
(a) immediately surrender all Firearms and ammunition in Respondent’s possession or control to [LEA OR COURT-AUTHORIZED THIRD PARTY] no later than [TIME] on [DATE]; and
(b) file proof of surrender with the Court within 24 hours thereafter.
5.6 Counseling and Treatment (if ordered). Respondent is ordered to complete [BATTERER INTERVENTION PROGRAM / ANGER MANAGEMENT] approved by the Court and to file proof of enrollment within [___] days.
6. RESPONDENT COVENANTS & RESTRICTIONS
6.1 Compliance Covenant. Respondent shall strictly comply with every term of this Order and acknowledges that violation may lead to immediate arrest, criminal prosecution, and/or contempt sanctions.
6.2 Location Monitoring (optional). Respondent shall enroll in GPS-based location monitoring at Respondent’s expense for the duration of this Order.
6.3 Relinquishment of Concealed-Carry License. Respondent shall surrender any Oklahoma handgun license to the issuing authority within 24 hours of service of this Order.
[// GUIDANCE: Remove or modify Section 6.2–6.3 if not ordered or supported by statutory authority.]
7. ENFORCEMENT MECHANISMS
7.1 Peace Officer Authority. Any Oklahoma peace officer with knowledge of this Order, verified through the statewide protective-order file or presented with a certified copy, is authorized to enforce the provisions herein and to arrest Respondent without warrant upon probable cause of violation.
7.2 Supremacy of Order. This Order shall supersede all prior or conflicting civil orders addressing the contact between the parties, except for subsequent orders specifically modifying or replacing this Order.
7.3 Full Faith and Credit. Pursuant to 18 U.S.C. § 2265, this Order is entitled to full faith and credit throughout the United States, and law-enforcement agencies in any state or tribal jurisdiction shall enforce it as written.
8. VIOLATION PENALTIES & REMEDIES
8.1 Criminal Penalties. Violation of this Order constitutes a criminal offense punishable as set forth in Okla. Stat. tit. 22, § 60.6, including potential confinement up to one (1) year in county jail and/or a fine up to one thousand dollars ($1,000) for a first offense, with enhanced penalties for repeat offenses or violations causing injury.
8.2 Contempt & Civil Remedies. In addition to criminal penalties, the Court may hold Respondent in contempt, impose additional injunctive relief, or award attorney fees and costs to Petitioner.
8.3 Bond Condition. If Respondent is arrested for a violation, any appearance bond shall include a condition of compliance with this Order.
9. SERVICE, NOTICE, AND LAW-ENFORCEMENT ENTRY
9.1 Method of Service. A certified copy of this Order, together with any attachments, shall be served on Respondent by [SHERIFF / PRIVATE PROCESS SERVER] in the manner prescribed by the Act.
9.2 Entry into NCIC & State Registry. The Court Clerk shall transmit this Order to the Oklahoma State Bureau of Investigation and ensure entry into the National Crime Information Center (NCIC) protective-order file within 24 hours of issuance.
9.3 Designated LEA. The [CITY/COUNTY] Police Department is designated as the primary Law Enforcement Agency for purposes of enforcement and firearm surrender under this Order.
10. MODIFICATION, EXTENSION, AND TERMINATION
10.1 Modification. Either party may move to modify this Order pursuant to Okla. Stat. tit. 22, § 60.4(G). No modification is effective until reduced to writing and signed by the Court.
10.2 Extension. Petitioner may petition to extend this Order prior to its expiration upon a showing that the threat of domestic violence persists.
10.3 Early Termination. Upon verified application by Petitioner, the Court may terminate this Order if it finds good cause and that the safety of Protected Parties will not be compromised.
11. GENERAL PROVISIONS
11.1 Severability. If any provision of this Order is held invalid, the remaining provisions shall remain in full force and effect.
11.2 Integration. This Order constitutes the entire injunctive relief ordered; no oral statements or prior writings modify its terms.
11.3 Copies and Electronic Signatures. Certified copies and electronically signed counterparts of this Order shall be deemed originals for enforcement purposes.
11.4 Amendment and Waiver. No waiver of any provision shall be effective unless in writing and signed by the Court; waiver of one breach is not waiver of subsequent breaches.
[// GUIDANCE: Standard boilerplate adapted for court order; adjust to local court preferences.]
12. EXECUTION BLOCK
IT IS SO ORDERED.
Dated: [____] at [TIME].
[JUDGE NAME], District Judge
[COUNTY] County District Court
State of Oklahoma
Approved as to form:
[ATTORNEY FOR PETITIONER NAME]
OBA No. [____]
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]
[ATTORNEY FOR RESPONDENT NAME]
OBA No. [____]
[LAW FIRM NAME]
[ADDRESS] • [PHONE] • [EMAIL]
NOTARY ACKNOWLEDGMENT (if required by local rule)
State of Oklahoma )
County of [______] ) ss.
On this ___ day of ____, 20__, before me, a Notary Public in and for said State, personally appeared the above-named subscribing parties, known to me to be the persons whose names are subscribed hereto, and they acknowledged that they executed the same as their free and voluntary act and deed.
Notary Public
Commission No.: [_]
My Commission Expires: [_]
[// GUIDANCE:
1. Replace bracketed placeholders with case-specific information.
2. Attach verified petition, notice of hearing, and law-enforcement information sheet as separate filings.
3. File the original Order with the Court Clerk; provide certified copies to Petitioner, Respondent, and designated LEA.
4. Confirm compliance with any county-specific standing orders or administrative directives.
]