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Legal Information: Oklahoma

Restraining Orders

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April 25, 2018

Step 5: Service of process

In order for your protection order to be valid, the abuser must be served (given papers) that tell him/her about the hearing date and your emergency temporary ex parte order (if the judge gave you one). If you are not able to have him/her served before your hearing date (e.g., if the sheriff can’t find him/her), you can ask the judge to postpone the hearing and issue a new emergency temporary order until the next hearing date.* The judge is not supposed to dismiss your order just because the abuser wasn’t served yet.**

After you file for your order, the court will send copies of any protective orders and notices of hearing to the police or sheriff for service on the abuser.*** Do not try and serve the abuser in person with the papers yourself.

* 22. O.S. § 60.4(B)(3)
** 22 O.S. § 60.4(B)(5)
*** 22 O.S. § 60.4(A)(1)