1. A. A victim of domestic abuse, a victim of stalking, a victim of harassment, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, or any minor age sixteen (16) or seventeen (17) years may seek relief under the provisions of the Protection from Domestic Abuse Act.

   1. 1. Such person may seek relief by filing a petition for protective order with the district court in either the county in which the victim resides or the county in which the defendant resides.
   2. 2. When the abuse occurs when the court is not open for business, such person may request an emergency temporary order of protection as provided by Section 40.3 of this title.

2. B. The petition forms shall be provided by the clerk of the court and shall be in substantially the following form:

   1. 1. (Check one or more)

      [ ] The defendant caused or attempted to cause serious physical harm to _______________. [ ] The defendant threatened ___________________ with imminent serious physical harm. [ ] The defendant has stalked or harassed __________________.

   2. 2. The incident causing the filing of this petition occurred on or about _____________________________. (date)

      (Describe what happened:)

      _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________

   3. 3. The victim and the defendant are related as follows: (check one)

      [ ] married [ ] divorced [ ] parent and child [ ] persons related by blood [ ] persons related by marriage [ ] present spouse of an ex-spouse [ ] persons living in the same household [ ] persons formerly living in the same household [ ] biological parents of the same child [ ] not related

   4. 4. (Answer this question only if the plaintiff is filing on behalf of someone else, minor or incompetent)

      The plaintiff and the victim are related as follows:

      [ ] married [ ] divorced [ ] parent and child [ ] persons related by blood [ ] persons related by marriage [ ] present spouse of an ex-spouse [ ] persons living in the same household [ ] persons formerly living in the same household [ ] biological parents of the same child

   5. 5. (Check A or B)

      1. (A) [ ] The victim is in immediate and present danger of abuse from the defendant and an emergency ex parte order is necessary to protect the victim from serious harm. The plaintiff requests the following relief in the emergency ex parte order: (check one or more)

         [ ] order the defendant not to abuse or injure the victim. [ ] order the defendant not to visit, assault, molest or otherwise interfere with the victim. [ ] order the defendant not to threaten the victim. [ ] order the defendant to cease stalking the victim. [ ] order the defendant to cease harassment of the victim. [ ] order the defendant to leave the residence located at ____________________ on or before ______________________. [ ] order the defendant who is a minor child to leave the residence located at ____________ by immediately placing the defendant 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. Circle age of defendant: Thirteen (13), fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years. [ ] __________________________________________
         (describe other relief that plaintiff requests)

      2. (B) [ ] The plaintiff does not request an emergency ex parte order.

   6. 6. Plaintiff requests the following order to be made by the court following notice to the defendant and a hearing: (check one or more)

      [ ] order the defendant not to abuse or injure the victim. [ ] order the defendant not to visit, assault, molest or otherwise interfere with the victim. [ ] order the defendant not to threaten the victim. [ ] order the defendant to cease stalking the victim. [ ] order the defendant to cease harassment of the victim. [ ] order the defendant to leave the residence located at ______________________ on or before __________________. [ ] order the defendant who is a minor child to leave the residence located at ____________ by immediately placing the defendant 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. Circle age of defendant: Thirteen (13), fourteen (14), fifteen (15), sixteen (16), or seventeen (17) years. [ ] __________________________________________
      (describe other relief that plaintiff requests) [ ] order the defendant to pay attorney fees of the plaintiff in the sum of ___________ on or before ______________________. [ ] order the defendant to pay the court costs of this action in the sum of ___________ on or before _______________________.

   7. 7. [ ] Victim is a resident of the county wherein this petition is filed.

      [ ] Defendant is a resident of the county wherein this petition is filed.

   8. 8. WARNING: Whoever makes a statement or allegation in this Petition for Protective Order but does not believe that the statement or allegation is true, or knows that it is not true, or intends thereby to avoid or obstruct the ascertainment of the truth, may be found guilty of perjury. Pursuant to Sections 500 and 504 of Title 21 of the Oklahoma Statutes, the penalty for perjury, or subornation of perjury, is imprisonment for not more than five (5) years.

   9. 9. Plaintiff, being first duly sworn on oath states: That I have read the above and foregoing document, understand the meaning thereof, and declare, under penalty of perjury, that the facts and statements contained herein are believed to the best of my knowledge to be the truth, and nothing but the truth.

      _______________________________

      Plaintiff

      Witness my hand and seal, affixed on the ___ day of ________, 19__.

      ________________________________

      Court Clerk, Deputy Court Clerk,
      or Notary Public

   IN THE DISTRICT COURT IN AND FOR ________COUNTY
   STATE OF OKLAHOMA

   _________________________ )
   Plaintiff )
   )
   )
   vs. ) Case No. __________
   )
   _________________________ )
   Defendant )

   PETITION FOR PROTECTIVE ORDER

   Plaintiff, being sworn, states:

3. C. No filing fee shall be charged the plaintiff at the time the petition is filed. The court may assess court costs and filing fees to either party at the hearing on the petition.
4. D. The plaintiff shall prepare the petition as set forth above or, at the request of the plaintiff, the clerk of the court or the victim-witness coordinator shall prepare or assist the plaintiff in preparing the same.

Laws 1982, HB 1828, c. 255, § 3, eff. October 1, 1982; Amended by Laws 1983, SB 103, c. 290, § 1, eff. November 1, 1983; Amended by Laws 1991, SB 397, c. 112, § 3, eff. September 1, 1991; Amended by Laws 1992, HB 2306, c. 42, § 2, eff. September 1, 1992; Amended by Laws 1993, SB 451, c. 325, § 15, eff. September 1, 1993; Amended by Laws 1994, HB 2640, c. 290, § 55, emerg. eff. July 1, 1994; Amended by Laws 1996, HB 2692, c. 247, § 30, emerg. eff. July 1, 1996; Amended by Laws 1997, SB 731, c. 403, § 7, eff. November 1, 1997 (superseded document available).