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ENGROSSED HOUSE
BILL NO. 4198 By: Schreiber, Deck and West
(Tammy) of the House
and
Gollihare of the Senate
An Act relating to workplace violence; creating the
Protection from Workplace Violence Act; defining
terms; authorizing certain persons to seek protective
order relief; providing guidelines and procedures for
filing petitions for protective orders; directing
court clerks to provide forms; requiring the
Administrative Office of the Courts to develop
standardized forms for petitions; prohibiting the
assessment of filing fees and costs for plaintiffs;
allowing courts to assess fees and costs to
defendants; providing for the assessment of fees and
costs for frivolous filings; requiring persons
seeking relief to prepare petitions; authorizing
petitions for emergency temporary orders or emergency
ex parte orders; directing the Administrative Office
of the Courts to modify forms as necessary;
establishing hearing requirements when requesting
emergency ex parte orders; directing the
Administrative Office of the Courts to develop
standardized forms for emergency ex parte protective
orders; requiring inclusion of certain information in
protective orders; allow courts to verbally issue
orders; providing time limitations for hearings;
establishing procedures for the service of petitions
for protective orders and notices of hearings;
prioritizing the service of orders and notices of
hearings; authorizing the court to schedule hearings
within certain time period after issuing certain
orders; providing for the issuance of new orders and
hearing dates; providing for the renewal of petitions
for protective orders; allowing petitioners to
dismiss petitions at any time; requiring court orders
for dismissing protective orders; providing for
dismissal of protective orders under certain
circumstances; establishing time limitation for
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granting or denying protective orders; authorizing
courts to impose terms and conditions in protective
orders; requiring standard forms for final protective
orders; allowing for the service of protective orders
by law enforcement; establishing requirements for
issued protective orders; making certain acts
unlawful; providing penalties; directing court clerks
to send protective orders to law enforcement;
requiring law enforcement to provide access to
certain information; making certain acts unlawful;
providing penalties; declaring statewide validity for
all issued orders; providing for the seizure of
weapons or instruments under certain circumstances;
providing guidelines and procedures for seizure and
forfeiture actions; authorizing warrantless arrests
under certain circumstances; providing mandatory
hearing requirements for arrested persons; allowing
law enforcement to rely upon certain evidence when
making arrests; making certain acts unlawful;
providing penalties; requiring inclusion of certain
statement on ex parte and final protective orders;
providing Legislative intent regarding the validity
of foreign protective orders; providing immunity from
liability for law enforcement officers; amending 22
O.S. 2021, Section 40.3, as amended by Section 1,
Chapter 167, O.S.L. 2025 (22 O.S. Supp. 2025, Section
40.3), which relates to emergency temporary orders of
protection; allowing victims of workplace violence to
petition for emergency temporary orders of
protection; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62 of Title 22, unless there is
created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Protection from
Workplace Violence Act".
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.1 of Title 22, unless there
is created a duplication in numbering, reads as follows:
As used in the Protection from Workplace Violence Act:
1. "Current employee" means:
a. a current member of the workplace of an employer, or
b. a person who is a current volunteer for a nonprofit
agency;
2. "Employer" shall have the same meaning as such term is
defined in Section 1-208 of Title 40 of the Oklahoma Statutes;
3. "Foreign protective order" means any valid order of
protection issued by a court of another state or a tribal court;
4. "Former employee" means:
a. a former member of the workplace of an employer, or
b. a person who was a former volunteer for a nonprofit
agency;
5. "Harassment" means a knowing and willful course or pattern
of conduct by a former employee of a workplace directed at an
employer or current employee which seriously alarms or annoys the
person, and which serves no legitimate purpose. The course of
conduct shall be such as would cause a reasonable person to suffer
substantial emotional distress and shall actually cause substantial
distress to the person. Harassment shall include, but not be
limited to, harassing or obscene telephone calls in violation of
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Section 1172 of Title 21 of the Oklahoma Statutes and fear of death
or bodily injury;
6. "Petitioner" means an employer who has reason to believe a
former employee at a workplace has engaged in harassment against a
current employee;
7. "Stalking" means the willful, malicious, and repeated
following or harassment of an employer or current employee by a
former employee, in a manner that would cause a reasonable person to
feel frightened, intimidated, threatened, harassed, or molested and
actually causes the person being followed or harassed to feel
terrorized, frightened, intimidated, threatened, harassed or
molested. Stalking also means a course of conduct composed of a
series of two or more separate acts over a period of time, however
short, evidencing a continuity of purpose or unconsented contact
with a person that is initiated or continued without the consent of
the individual or in disregard of the expressed desire of the
individual that the contact be avoided or discontinued. Unconsented
contact or course of conduct includes, but is not limited to:
a. maintaining a visual or physical proximity to the
individual,
b. approaching or confronting that individual in a public
place or on private property,
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c. appearing at the workplace of the individual or
contacting the employer or coworkers of the
individual,
d. appearing at the residence of the individual or
contacting the neighbors of the individual,
e. entering onto or remaining on property owned, leased
or occupied by the individual,
f. contacting the individual by telephone, text message,
electronic message, electronic mail, or other means of
electronic communication or causing the telephone or
electronic device of the individual or the telephone
or electronic device of any other person to ring or
generate notifications repeatedly or continuously,
regardless of whether a conversation ensues,
g. photographing, videotaping, audiotaping, or, through
any other electronic means, monitoring or recording
the activities of the individual. This subparagraph
applies regardless of where the act occurs,
h. sending any physical or electronic material or
contacting the individual by any means, including any
message, comment, or other content posted on any
Internet site or web application,
i. sending to a family member or member of the household
of the individual, or any current or former employer
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of the individual, or any current or former coworker
of the individual, or any friend of the individual,
any physical or electronic material or contacting such
person by any means, including any message, comment,
or other content posted on any Internet site or web
application, for the purpose of obtaining information
about, disseminating information about, or
communicating with the individual,
j. placing an object on, or delivering an object to,
property owned, leased or occupied by the individual,
k. delivering an object to a family member or member of
the household of the individual, or an employer,
coworker, or friend of the individual, or placing an
object on, or delivering an object to, property owned,
leased, or occupied by such a person with the intent
that the object be delivered to the individual, or
l. causing a person to engage in any of the acts
described in subparagraphs a through k of this
paragraph;
8. "Volunteer" means an individual who offers his or her time
and skills willingly without financial compensation or expectation
of payment and on a regular basis; and
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9. "Workplace" means a location where people perform tasks,
jobs, and projects for an employer. Workplaces may be inside a
building or outdoors and may be mobile.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.2 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. An employer of a business or agency that employs more than
two individuals or current employee may seek relief under the
provisions of the Protection from Workplace Violence Act.
1. The person seeking relief may file a petition for a
protective order with the district court in the county in which the
victim resides, the county in which the defendant resides, or the
county in which the workplace violence occurred. If the person
seeking relief is not the past employer of the defendant, the person
seeking relief shall file a complaint against the defendant with the
proper law enforcement agency before filing a petition for a
protective order with the district court. The person seeking relief
shall provide a copy of the complaint that was filed with the law
enforcement agency at the full hearing if the complaint is not
available from the law enforcement agency.
2. If the workplace violence occurs when the court is not open
for business, such person may request an emergency temporary order
of protection as authorized by Section 40.3 of Title 22 of the
Oklahoma Statutes.
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B. The petition forms shall be provided by the clerk of the
court. The Administrative Office of the Courts shall develop a
standard form for the petition.
C. 1. Except as otherwise provided by this section, no filing
fee, service of process fee, attorney fees or any other fee or costs
shall be charged to the person seeking relief at any time for filing
a petition for a protective order whether a protective order is
granted or not granted. The court may assess court costs, service
of process fees, attorney fees, other fees and filing fees against
the defendant at the hearing on the petition, if a protective order
is granted against the defendant; provided, the court shall have
authority to waive the costs and fees if the court finds that the
party does not have the ability to pay the costs and fees.
2. If the court makes specific findings that a petition for a
protective order has been filed frivolously and no victim exists,
the court may assess attorney fees and court costs against the
plaintiff.
D. The person seeking relief shall prepare the petition with
input from the victim of workplace violence.
E. The former employer of the defendant or the employer of the
victim may petition for an emergency temporary order or emergency ex
parte order regardless of any relationship or scenario pursuant to
the provisions of this section. The Administrative Office of the
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Courts shall modify the petition forms as necessary to effectuate
the provisions of this subsection.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.3 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. If a person requests an emergency ex parte order pursuant to
Section 3 of this act, the court shall hold an ex parte hearing on
the same day the petition is filed, if the court finds sufficient
grounds within the scope of the Protection from Workplace Violence
Act stated in the petition to hold such a hearing. The court may,
for good cause shown at the hearing, issue any emergency ex parte
order that it finds necessary to protect the petitioner and his or
her employees from immediate and present danger of 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. The Administrative Office of the Courts
shall develop a standard form for emergency ex parte protective
orders.
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B. An emergency ex parte protective order authorized by this
section shall include the name, sex, race, date of birth of the
defendant, and the dates of issue and expiration of the protective
order.
C. If a person requests an emergency temporary ex parte order
of protection as provided by Section 40.3 of Title 22 of the
Oklahoma Statutes, 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 employer or his or her employees from
immediate and present danger of workplace violence. 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 court date
that was assigned by the court during the approval of the order.
Emergency temporary ex parte orders shall be heard within fourteen
(14) days after issuance. The court shall provide a list of
available court dates for hearings.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.4 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. 1. A copy of a petition for a protective order, any notice
of hearing and a copy of any emergency temporary order or emergency
ex parte order issued by the court shall be served upon the
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defendant in the same manner as a bench warrant. In addition, if
the service is to be in another county, the court clerk may issue
service to the sheriff by facsimile or other electronic transmission
for service by the sheriff and receive the return of service from
the sheriff in the same manner. Any fee for service of a petition
for protective order, notice of hearing, and emergency ex parte
order shall only be charged pursuant to subsection C of Section 3 of
this act and, if charged, shall be the same as the sheriff's service
fee plus mileage expenses.
2. Emergency temporary orders, emergency ex parte orders, and
notice of hearings shall be given priority for service and can be
served twenty-four (24) hours a day when the location of the
defendant is known. When service cannot be made upon the defendant
by the sheriff, the sheriff may contact another law enforcement
officer or a private investigator or private process server to serve
the defendant.
3. An emergency temporary order, emergency ex parte order, a
petition for protective order, and a notice of hearing shall have
statewide validity and may be transferred to any law enforcement
jurisdiction to effect service upon the defendant. The sheriff may
transmit the document by electronic means.
4. The return of service shall be submitted to the sheriff's
office or court clerk in the court where the petition, notice of
hearing or order was issued.
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B. 1. Within fourteen (14) days of the filing of the petition
for a protective order, the court shall schedule a full hearing on
the petition, if the court finds sufficient grounds within the scope
of the Protection from Workplace Violence Act stated in the petition
to hold such a hearing, regardless of whether an emergency temporary
order or ex parte order has been previously issued, requested or
denied.
2. The court may schedule a full hearing on the petition for a
protective order within seventy-two (72) hours when the court issues
an emergency temporary order due to physical violence or threat of
abuse.
3. If service has not been made on the defendant at the time of
the hearing, the court shall, at the request of the petitioner,
issue a new emergency order reflecting a new hearing date and direct
service to issue.
4. A petition for a protective order shall, upon the request of
the petitioner, renew every fourteen (14) days with a new hearing
date assigned until the defendant is served. A petition for a
protective order shall not expire unless the petitioner fails to
appear at the hearing or fails to request a new order. A petitioner
may move to dismiss the petition and emergency or final order at any
time; however, a protective order shall be dismissed by court order.
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5. Failure to serve the defendant shall not be grounds for
dismissal of a petition or an ex parte order unless the petitioner
requests dismissal or fails to appear for the hearing thereon.
6. A final protective order shall be granted or denied within
six (6) months of service on the defendant unless all parties agree
that a temporary protective order remain in effect; provided, the
petitioner shall have the right to request a final protective order
hearing at any time after the passage of six (6) months.
C. At the hearing, the court may impose any terms and
conditions in the protective order that the court reasonably
believes are necessary to bring about the cessation of workplace
violence against the petitioner or his or her employees or stalking
or harassment of such persons but shall not impose any term and
condition that may compromise the safety of the petitioner or his or
her employees.
D. Final protective orders authorized by this section shall be
on a standard form developed by the Administrative Office of the
Courts.
E. 1. After notice and hearing, protective orders authorized
by this section may require the defendant to undergo treatment or
participate in the court-approved counseling services necessary to
bring about the cessation of workplace violence against the
petitioner or his or her employees.
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2. The defendant 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 petitioner or his or her
employees 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. 1. Any protective order issued on or after the effective
date of this act pursuant to subsection C of this section shall be:
a. for a fixed period not to exceed a period of five (5)
years unless extended, modified, vacated or rescinded
upon motion by either party or if the court approves
any consent agreement entered into by the petitioner
and defendant; provided, if the defendant is
incarcerated, the protective order shall remain in
full force and effect during the period of
incarceration. The period of incarceration, in any
jurisdiction, shall not be included in the calculation
of the five-year time limitation, or
b. continuous upon a specific finding by the court of one
of the following:
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(1) the defendant has a history of violating the
orders of any court or governmental entity,
(2) the defendant has previously been convicted of a
violent felony offense,
(3) the defendant has a previous felony conviction
for stalking as provided in Section 1173 of Title
21 of the Oklahoma Statutes,
(4) a court order for a final Victim Protection Order
has previously been issued against the defendant
in this state or another state, or
(5) the petitioner or his or her employees provides
proof that a continuous protective order is
necessary for the protection of the petitioner or
the protection of his or her employees.
Further, the court may take into consideration whether the defendant
has a history of workplace violence or a history of other violent
acts. The protective order shall remain in effect until modified,
vacated or rescinded upon motion by either party or if the court
approves any consent agreement entered into by the parties. If the
defendant is incarcerated, the protective order shall remain in full
force and effect during the period of incarceration.
2. The court shall notify the parties at the time of the
issuance of the protective order of the duration of the protective
order.
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3. Upon the filing of a motion by either party to modify,
extend, or vacate a protective order, a hearing shall be scheduled
and notice given to the parties. At the hearing, the issuing court
may take such action as is necessary under the circumstances.
H. 1. It shall be unlawful for any person to knowingly and
willfully seek a protective order against any individual pursuant to
the Protection from Workplace Violence Act for purposes of
harassment, undue advantage, or intimidation.
2. The violator shall, upon conviction thereof, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a
period not exceeding one (1) year, or by a fine not exceeding Five
Thousand Dollars ($5,000.00), or by both such fine and imprisonment.
3. A second or subsequent conviction under this subsection
shall be a felony offense punishable by imprisonment in the custody
of the Department of Corrections for a period not exceeding two (2)
years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00),
or by both such fine and imprisonment.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.5 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Within twenty-four (24) hours of the return of service of
any emergency temporary, ex parte or final protective order, the
clerk of the issuing court shall send certified copies thereof to
all appropriate law enforcement agencies designated by the
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petitioner. A certified copy of any extension, modification,
vacation, cancellation or consent agreement concerning a final
protective order shall be sent within twenty-four (24) hours by the
clerk of the issuing court to those law enforcement agencies
receiving the original orders pursuant to this section and to any
law enforcement agencies designated by the court.
B. Any law enforcement agency receiving copies of the documents
listed in subsection A of this section shall be required to ensure
that other law enforcement agencies have access twenty-four (24)
hours a day to the information contained in the documents which may
include entry of information about the emergency temporary, ex parte
or final protective order in the National Crime Information Center
database.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.6 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Except as otherwise provided by this section, any person
who:
1. Has been served with an emergency temporary, ex parte or
final protective order or foreign protective order and is in
violation of such protective order, upon conviction, shall be guilty
of a misdemeanor and shall be punished by a fine not exceeding One
Thousand Dollars ($1,000.00), or by a term of imprisonment in the
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county jail not exceeding one (1) year, or by both such fine and
imprisonment; and
2. After a previous conviction of a violation of a protective
order, is convicted of a second or subsequent offense pursuant to
the provisions of this section shall, upon conviction, be guilty of
a felony punishable by a term of imprisonment in the custody of the
Department of Corrections for a term not exceeding two (2) years, or
by a fine of not less than Two Thousand Dollars ($2,000.00) nor more
than Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.
B. 1. Any person who has been served with an emergency
temporary, ex parte or final protective order or foreign protective
order who violates the protective order and causes physical injury
or physical impairment to the petitioner or to any other person
named in said protective order shall, upon conviction, be guilty of
a misdemeanor punishable by a term of imprisonment in the county
jail for not less than twenty (20) days nor more than one (1) year.
In addition to the term of imprisonment, the person may be punished
by a fine not exceeding Five Thousand Dollars ($5,000.00).
2. Any person who is convicted of a second or subsequent
violation of a protective order which causes physical injury or
physical impairment to a petitioner or to any other person named in
the protective order shall be guilty of a felony punishable by a
term of imprisonment in the custody of the Department of Corrections
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of not less than one (1) year nor more than five (5) years, or by a
fine of not less than Three Thousand Dollars ($3,000.00) nor more
than Ten Thousand Dollars ($10,000.00), or by both such fine and
imprisonment.
3. In determining the term of imprisonment required by this
section, the jury or sentencing judge shall consider the degree of
physical injury or physical impairment to the victim.
4. The provisions of this subsection shall not affect the
applicability of Sections 644, 645, 647, and 652 of Title 21 of the
Oklahoma Statutes.
C. The minimum sentence of imprisonment issued pursuant to the
provisions of paragraph 2 of subsection A and paragraph 2 of
subsection B of this section shall not be subject to statutory
provisions for suspended sentences, deferred sentences or probation,
provided the court may subject any remaining penalty under the
jurisdiction of the court to the statutory provisions for suspended
sentences, deferred sentences or probation.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.7 of Title 22, unless there
is created a duplication in numbering, reads as follows:
All orders issued pursuant to the provisions of the Protection
from Workplace Violence Act shall have statewide and nationwide
validity, unless specifically modified or terminated by a judge of
the district courts.
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SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.8 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. Each peace officer of this state shall seize any weapon or
instrument when such officer has probable cause to believe such
weapon or instrument has been used to commit an act of workplace
violence as defined by Section 2 of this act, provided an arrest is
made, if possible, at the same time.
B. After any such seizure, the district attorney shall file a
notice of seizure and forfeiture as provided in this section within
ten (10) days of such seizure, or any weapon or instrument seized
pursuant to this section shall be returned to the owner.
C. The seizure and forfeiture provisions of Section 991a-19 of
Title 22 of the Oklahoma Statutes shall be followed for any seizure
and forfeiture of property pursuant to this section. No weapon or
instrument seized pursuant to this section or monies from the sale
of any such seized weapon or instrument shall be turned over to the
person from whom such property was seized if a forfeiture action has
been filed within the time required by subsection B of this section,
unless authorized by this section. Provided further, the owner may
prove at the forfeiture hearing that the conduct giving rise to the
seizure was justified, and if the owner proves justification, the
seized property shall be returned to the owner. Any proceeds gained
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from this seizure shall be placed in the Crime Victims Compensation
Revolving Fund.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.9 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. A peace officer, without a warrant, shall arrest and take
into custody a person if the peace officer has reasonable cause to
believe that:
1. An emergency ex parte or final protective order has been
issued and served upon the person, pursuant to the Protection from
Workplace Violence Act;
2. A true copy and proof of service of the order has been filed
with the law enforcement agency having jurisdiction of the area in
which the petitioner or any other persons named in the order resides
or a certified copy of the order and proof of service is presented
to the peace officer as provided in subsection D of this section;
3. The person named in the order has received notice of the
order and has had a reasonable time to comply with such order; and
4. The person named in the order has violated the order or is
then acting in violation of the order.
B. A peace officer, without a warrant, shall arrest and take
into custody a person if the following conditions have been met:
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1. The peace officer has reasonable cause to believe that a
foreign protective order has been issued, pursuant to the law of the
state or tribal court where the foreign protective order was issued;
2. A certified copy of the foreign protective order has been
presented to the peace officer that appears valid on its face; and
3. The peace officer has reasonable cause to believe the person
named in the order has violated the order or is then acting in
violation of the order.
C. A person arrested pursuant to this section shall be brought
before the court within twenty-four (24) hours of arrest to answer
to a charge for violation of the order pursuant to Section 9 of this
act, at which time the court shall do each of the following:
1. Set a time certain for a hearing on the alleged violation of
the order within seventy-two (72) hours after arrest, unless
extended by the court on the motion of the arrested person;
2. Set a reasonable bond pending a hearing of the alleged
violation of the order; and
3. Notify the party who has procured the order and direct the
party to appear at the hearing and give evidence on the charge.
The court may also consider the safety of any and all alleged
victims that are subject to the protection of the order prior to the
court setting a reasonable bond pending a hearing of the alleged
violation of the order.
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D. A copy of a protective order shall be prima facie evidence
that such order is valid in this state when such documentation is
presented to a law enforcement officer by the petitioner, defendant,
or another person on behalf of the petitioner named in the order.
Any law enforcement officer may rely on such evidence to make an
arrest for a violation of such order, if there is reason to believe
the defendant has violated or is then acting in violation of the
order without justifiable excuse. When a law enforcement officer
relies upon the evidence specified in this subsection, such officer
and the employing agency of the law enforcement officer shall be
immune from liability for the arrest of the defendant if it is later
proved that the evidence was false.
E. Any person who knowingly and willfully presents any false or
materially altered protective order to any law enforcement officer
to effect an arrest of any person shall, upon conviction, be guilty
of a felony punishable by imprisonment in the custody of the
Department of Corrections for a period not exceeding two (2) years,
or by a fine not exceeding Five Thousand Dollars ($5,000.00), and
shall, in addition, be liable for any civil damages to the
defendant.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.10 of Title 22, unless there
is created a duplication in numbering, reads as follows:
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In addition to any other provisions required by the Protection
from Workplace Violence Act, or otherwise required by law, each ex
parte or final protective order issued pursuant to the Protection
from Workplace Violence Act shall have a statement printed in bold-
faced type font or in capital letters containing the following
information:
1. The filing or nonfiling of criminal charges and the
prosecution of the case shall not be determined by a person who is
protected by the protective order, but shall be determined by the
prosecutor;
2. No person, including a person who is protected by the order,
may give permission to anyone to ignore or violate any provision of
the order. During the time in which the order is valid, every
provision of the order shall be in full force and effect unless a
court changes the order;
3. The order shall be in effect for a fixed period of five (5)
years unless extended, modified, vacated or rescinded by the court
or shall be continuous upon a specific finding by the court as
provided in subparagraph b of paragraph 1 of subsection G of Section
5 of this act unless modified, vacated or rescinded by the court;
4. The order shall be entered into the National Crime
Information Center (NCIC) database;
5. A violation of the order is a misdemeanor punishable by a
fine not exceeding One Thousand Dollars ($1,000.00), or by
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imprisonment in the county jail for a term not exceeding one (1)
year, or by both such fine and imprisonment. A violation of the
order which causes injury is a misdemeanor punishable by a fine not
exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in
the county jail for a term of not less than twenty (20) days nor
more than one (1) year, or by both such fine and imprisonment;
6. Possession of a firearm or ammunition by a defendant while
an order is in effect may subject the defendant to prosecution for a
violation of federal law even if the order does not specifically
prohibit the defendant from possession of a firearm or ammunition;
7. The defendant shall avoid the workplace and residence of the
petitioner or any premises temporarily occupied by the petitioner;
8. The defendant shall avoid contact that harasses or
intimidates the petitioner or employees of the petitioner. Contact
includes, but is not limited to, contact at the home, work, or
school of the petitioner, public places, in person, by phone, in
writing, by electronic communication or device, or in any other
manner;
9. The defendant shall not impersonate or adopt the
personification of the petitioner or employees of the petitioner by
pretending to be the petitioner or employees of the petitioner,
ordering items, posting information or making inquiries, or
publishing photographs of the petitioner or employees of the
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petitioner, by use of social media, or by use of computer,
telephone, texting, emailing, or by use of any electronic means; and
10. The defendant shall avoid contacting the petitioner or
employees of the petitioner or causing any person other than an
attorney for the petitioner or law enforcement officer to contact
the petitioner or employees of the petitioner unless the petitioner
consents in writing.
SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.11 of Title 22, unless there
is created a duplication in numbering, reads as follows:
A. It is the intent of the Legislature that all foreign
protective orders shall have the rebuttable presumption of validity,
even if the foreign protective order contains provisions which could
not be contained in a protective order issued by an Oklahoma court.
The validity of a foreign protective order shall only be determined
by a court of competent jurisdiction. Until a foreign protective
order is declared invalid by a court of competent jurisdiction it
shall be given full faith and credit by all peace officers and
courts in the State of Oklahoma.
B. A peace officer of this state shall be immune from liability
for enforcing provisions of a foreign protective order.
SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 62.12 of Title 22, unless there
is created a duplication in numbering, reads as follows:
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A. Persons authorized to file a motion for expungement of
victim protective orders (VPOs) issued pursuant to the Protection
from Workplace Violence Act in this state shall be within one of the
following categories:
1. An ex parte order was issued to the petitioner but later
terminated due to dismissal of the petition before the full hearing,
or denial of the petition upon full hearing, or failure of the
petitioner to appear for full hearing, and at least ninety (90) days
have passed since the date set for full hearing;
2. The petitioner filed an application for a victim protective
order and failed to appear for the full hearing and at least ninety
(90) days have passed since the date last set by the court for the
full hearing, including the last date set for any continuance,
postponement or rescheduling of the hearing;
3. The petitioner or defendant has had the order vacated and
three (3) years have passed since the order to vacate was entered;
or
4. The petitioner or defendant is deceased.
B. For purposes of this section:
1. "Defendant" means the person or persons to whom the victim
protective order was directed.
2. "Expungement" means the sealing of victim protective order
(VPO) court records from public inspection, but not from law
enforcement agencies, the court or the district attorney;
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3. "Petitioner" means the person or persons who sought the
original victim protective order for cause; and
C. 1. Any person qualified under subsection A of this section
may petition the district court of the district in which the
protective order pertaining to the person is located for the
expungement and sealing of the court records from public inspection.
The face of the petition shall state whether the defendant in the
protective order has been convicted of any violation of the
protective order and whether any prosecution or complaint is pending
in this state or any other state for a violation or alleged
violation of the protective order that is sought to be expunged.
The petition shall further state the authority pursuant to
subsection A of this section for eligibility for requesting the
expungement. The other party to the protective order shall be
mailed a copy of the petition by certified mail within ten (10) days
of filing the petition. A written answer or objection may be filed
within thirty (30) days of receiving the notice and petition.
2. Upon the filing of a petition, the court shall set a date
for a hearing and shall provide at least a thirty-day notice of the
hearing to all parties to the protective order, the district
attorney, and any other person or agency whom the court has reason
to believe may have relevant information related to the sealing of
the victim protective order court record.
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3. Without objection from the other party to the victim
protective order or upon a finding that the harm to the privacy of
the person in interest or dangers of unwarranted adverse
consequences outweigh the public and safety interests of the parties
to the protective order in retaining the records, the court may
order the court record, or any part thereof, to be sealed from
public inspection. Any order entered pursuant to this section shall
not limit or restrict any law enforcement agency, the district
attorney or the court from accessing said records without the
necessity of a court order. Any order entered pursuant to this
subsection may be appealed by any party to the protective order or
by the district attorney to the Oklahoma Supreme Court in accordance
with the rules of the Oklahoma Supreme Court.
4. Upon the entry of an order to expunge and seal from public
inspection a victim protective order court record, or any part
thereof, the subject official actions shall be deemed never to have
occurred, and the persons in interest and the public may properly
reply, upon any inquiry in the matter, that no such action ever
occurred and that no such record exists with respect to the persons.
5. Inspection of the protective order court records included in
the expungement order issued pursuant to this section may thereafter
be permitted only upon petition by the persons in interest who are
the subjects of the records, or without petition by the district
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attorney or a law enforcement agency in the due course of
investigation of a crime.
6. Employers, educational institutions, state and local
government agencies, officials, and employees shall not require, in
any application or interview or otherwise, an applicant to disclose
any information contained in sealed protective order court records.
An applicant need not, in answer to any question concerning the
records, provide information that has been sealed, including any
reference to or information concerning the sealed information and
may state that no such action has ever occurred. The application
may not be denied solely because of the refusal of the applicant to
disclose protective order court records information that has been
sealed.
7. The provisions of this section shall apply to all protective
order court records existing in the district courts of this state
on, before and after the effective date of this section.
8. Nothing in this section shall be construed to authorize the
physical destruction of any court records, except as otherwise
provided by law for records no longer required to be maintained by
the court.
9. For the purposes of this section, sealed materials which are
recorded in the same document as unsealed material may be recorded
in a separate document, and sealed, then obliterated in the original
document.
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10. For the purposes of this act, district court index
reference of sealed material shall be destroyed, removed or
obliterated.
11. Any record ordered to be sealed pursuant to this section
may be obliterated or destroyed at the end of the ten-year period.
12. Nothing herein shall prohibit the introduction of evidence
regarding actions sealed pursuant to the provisions of this section
at any hearing or trial for purposes of impeaching the credibility
of a witness or as evidence of character testimony pursuant to
Section 2608 of Title 12 of the Oklahoma Statutes.
SECTION 14. AMENDATORY 22 O.S. 2021, Section 40.3, as
amended by Section 1, Chapter 167, O.S.L. 2025 (22 O.S. Supp. 2025,
Section 40.3), is amended to read as follows:
Section 40.3. A. When the court is not open for business, the
victim of domestic violence, stalking, harassment, rape, forcible
sodomy, a sex offense, kidnapping, or assault and battery with a
deadly weapon or, a member of the immediate family of a victim of
first-degree murder, or an employer, as defined in the Protection
for Workplace Violence Act, may request a petition for an emergency
temporary order of protection. The peace officer making the
preliminary investigation shall:
1. Provide the victim or, member of the immediate family of a
victim of first-degree murder, or employer with a petition for an
emergency temporary order of protection and, if necessary, assist
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the victim or, member of the immediate family of a victim of first-
degree murder, or employer 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 or workplace violence 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 or, member of the immediate family of a
victim of first-degree murder, or employer whether the judge has
approved or disapproved the emergency temporary order. If an
emergency temporary order has been approved, the peace officer shall
provide the victim, or a responsible adult if the victim is a minor
child or an incompetent person or, member of the immediate family of
a victim of first-degree murder, or employer, with a copy of the
petition and a written statement signed by the peace officer
attesting that the judge has approved the emergency temporary order
of protection;
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 peace officer upon arrest or, upon identification
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of the assailant, notice shall be given by any law enforcement
officer. A copy of the petition and the statement of the peace
officer attesting to the order of the judge shall be made available
to the person; and
5. Make every attempt to serve the subject of the order and
complete a return of service when filing the petition with the
district court. If the peace officer is unable to obtain service,
the petition shall be filed by a peace officer with the district
court the next business day. The court clerk shall receive the
petition upon delivery by the peace officer and document the hearing
date and time assigned to the case as documented by the peace
officer. If the court clerk observes that service has not been
obtained, the petition shall still be filed by the court clerk and
issued to the appropriate office of the county sheriff to obtain
service with priority.
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.
SECTION 15. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 12th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2026.
Presiding Officer of the Senate