§ 1-4-206. Restraining order--Hearing
Oklahoma Statutes AnnotatedTitle 10A. Children and Juvenile Code
10A Okl.St.Ann. § 1-4-206
§ 1-4-206. Restraining order--Hearing
A. 1. At the emergency custody hearing or when a petition has been filed alleging that a child has been physically or sexually abused, the court may enter an order restraining the alleged perpetrator of the abuse from having contact with the child or attempting to contact the child and requiring the alleged perpetrator to move from the household in which the child resides. The court may issue a restraining order only if the court finds that:
2. The sheriff or other person qualified to serve the order shall serve the person to be restrained personally unless that person is present at the hearing. After accepting the order, if the sheriff or other person cannot complete service within ten (10) days, the sheriff or other person shall file a return to the clerk of the court showing that service was not completed and the reason for the noncompletion.
D. 1. Within twenty-four (24) hours of the return of service of the restraining order, the clerk of the issuing court shall send certified copies thereof to all appropriate law enforcement agencies designated by the court. A certified copy of any extension, modification, vacation, cancellation, or consent agreement concerning the restraining order shall be sent 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.
2. Any law enforcement agency receiving copies of the documents listed in paragraph 1 of this subsection 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 restraining order in the National Crime Information Center database.
F. A court that issued a restraining order under this section may renew the order for a period of up to one (1) year if the court finds that there is probable cause to believe the renewal is in the best interest of the child. The court may renew the order on motion by the state or the child's attorney alleging facts supporting the required finding. If the renewal order is granted, subsections B and C of this section apply.
G. If a restraining order issued pursuant to this section is terminated before its expiration date, the clerk of the court shall promptly deliver a true copy of the termination order to the sheriff. The sheriff shall promptly remove the original order from the National Crime Information Center database.
H. Any person who has been served with the restraining order and is in violation of the restraining order, upon conviction, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by a term of imprisonment in the county jail of not more than one (1) year, or both such fine and imprisonment.
Credits
Laws 2009, c. 233, § 116, emerg. eff. May 21, 2009.
10A Okl. St. Ann. § 1-4-206, OK ST T. 10A § 1-4-206
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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