Title 22, Title 22 — Criminal Procedure

Upon the county attorney producing evidence of such conviction to the district court to which the undertaking is returned, that court must order the undertaking to be prosecuted, and the county attorney must thereupon commence an action upon it in the name of this State. R.L.1910…

In the action the offense stated in the record of conviction must be alleged as the breach of the undertaking, and such record is conclusive evidence thereof. R.L.1910, § 5575. d

Security to keep the peace or to be of good behavior cannot be required, except as prescribed in this article. R.L.1910, § 5576.

and evidence - Removal as to part of defendants. Any criminal cause pending in the district court may, at any time before the trial is begun, on the application of the defendant be removed from the county in which it is pending to some other county in said judicial district, when…

A. The order of removal from the county must be entered upon the minutes and the court clerk must thereupon make out, and within ten (10) days transmit to the county to which the action is removed, a certified copy of the order of removal and the record, and shall transmit the pl…

If the defendant is in custody, the order must provide for the removal of the defendant, by the sheriff of the county where he is imprisoned, to the custody of the proper officer of the county to which the action is removed, and he must be removed according to the terms of such o…

When the court has ordered a removal of the action, it may require the accused, if the offense be then bailable, to enter into an undertaking with good and sufficient sureties to be approved by the court, in such sum as the court may direct conditioned for his appearance in the c…

When a removal of the action is allowed, the court may recognize the witnesses on the part of the state to appear before the court to which the defendant is to be tried. R.L.1910, § 5820.

The court to which the action is removed must proceed to trial and judgment therein the same in all respects as if the action had been commenced in such court. If it is necessary to have any of the original pleadings or other papers before such court, the court from which the act…

In all cases of security to keep the peace under this chapter, the court in addition to the orders mentioned in said chapter shall tax the costs against the complainant or defendant, or both, as justice may require, and enter judgment therefor, which may be enforced as judgments …

preliminary examination. The judge who conducts the preliminary examination shall not try the case except with the consent of all parties. Laws 1968, c. 175, § 2, eff. Jan. 13, 1969.

A. Criminally injurious conduct, as defined by the Oklahoma Crime Victims Compensation Act, which appears to be or is reported by the victim to be domestic abuse, as defined in Section 60.1 of this title, or domestic abuse by strangulation, domestic abuse resulting in great bodil…

An issue of fact arises, 1st, upon a plea of not guilty, or, 2nd, upon a plea of a former conviction or acquittal of the same offense. R.L.1910, § 5822.

Issues of fact must be tried by a jury. R.L.1910, § 5823.

If the indictment or information is for a felony, the defendant must be personally present at the trial, but if for a misdemeanor not punishable by imprisonment, the trial may be had in the absence of the defendant; if, however, his presence is necessary for the purpose of identi…

When an indictment or information is called for trial, or at any time previous thereto, the court may, upon sufficient cause shown by either party, as in civil cases, direct the trial to be postponed to another day in the same or next term. R.L.1910, § 5837.

Whenever testimony to establish an alibi on behalf of the defendant shall be offered in evidence in any criminal case in any court of record of the State of Oklahoma, and notice of the intention of the defendant to claim such alibi, which notice shall include specific information…

A. Any physician, surgeon, resident, intern, physician’s assistant, registered nurse, or any other health care professional examining, attending, or treating the victim of what appears to be domestic abuse or is reported by the victim to be domestic abuse, participating in good f…

The jurors duly drawn and summoned for the trial of civil actions may also be the jurors for the trial of criminal actions. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, jurors may be selected and summoned util…

Trial juries for criminal actions may also be formed in the same manner as trial juries in civil actions. R.L.1910, § 5826.

At the opening of the court the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the same cannot be seen, and must deposit them in a sufficient box. R.L.1910, § 5827.

jurors. When the case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discr…

Before the name of any juror is drawn, the box must be closed and shaken, so as to intermingle the ballots therein. The clerk must then, without looking at the ballots, draw them from the box. R.L.1910, § 5829.

When the jury is completed, the ballots containing the names of the jurors sworn must be laid aside and kept apart from the ballots containing the names of the other jurors, until the jury so sworn is discharged. R.L.1910, § 5830.

After the jury is so discharged, the ballots containing their names must be again folded and returned to the box, and so on, as often as a trial is had. R.L.1910, § 5831.

If a juror be absent when his name is drawn or be set aside, or excused from serving on the trial, the ballot containing his name must be folded and returned to the box as soon as the jury is sworn. R.L.1910, § 5832.

panel. The names of persons summoned to complete the jury as provided in the chapter on "Jurors", must be written on distinct pieces of paper, folded each as nearly alike as possible, and so that the name cannot be seen, and must be deposited in the box before mentioned. R.L.1910…

The term oath includes an affirmation. R.L.1910, § 5540.

This act shall be known and may be cited as the "Protection from Domestic Abuse Act". Added by Laws 1982, c. 255, § 1.

As used in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act, Sections 40.5 through 40.7 of this title, and Section 150.12B of Title 74 of the Oklahoma Statutes: 1. “Dating relationship” means intimate association, primarily characterized by affection…

In addition to any other provisions required by the Protection from Domestic Abuse Act, or otherwise required by law, each ex parte or final protective order issued pursuant to the Protection from Domestic Abuse Act shall have a statement printed in bold-faced type or in capital …

Peace officers immune from liability. 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…

A. The Legislature finds that persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, human trafficking, or child abduction, frequently establish new addresses in order to prevent their assailants or probable assailants from finding the…

pressing charges - Warrantless arrests of certain persons - Emergency temporary order of protection. A. A peace officer shall not discourage a victim of domestic abuse from pressing charges against the assailant of the victim. B. 1. A peace officer may arrest without a warrant a …

release of defendant on bond - Emergency protective and restraining orders - GPS monitoring. The court shall consider the safety of any and all alleged victims of domestic violence, stalking, harassment, sexual assault, or forcible sodomy where the defendant is alleged to have vi…

A. Persons authorized to file a motion for expungement of victim protective orders (VPOs) issued pursuant to the Protection from Domestic Abuse Act in this state must be within one of the following categories: 1. An ex parte order was issued to the plaintiff but later terminated …

In proceedings before the court pursuant to Title 10A of the Oklahoma Statutes in which a child is alleged to be deprived, the court, after consideration and to ensure the safety of any child brought into state custody, may issue against the alleged perpetrator of abuse an emerge…

certain stalking victims - Fees. A. A victim of domestic abuse, a victim of stalking, a victim of harassment, a victim of rape, any adult or emancipated minor household member on behalf of any other family or household member who is a minor or incompetent, any minor age sixteen (…

health training. The Administrative Office of the Courts shall provide annual domestic violence, substance abuse, addiction and mental health educational training for members of the judiciary. Subject to available funding, curriculum for training required under this section shall…

This act shall be known and may be cited as the “Uniform Interstate Enforcement of Domestic Violence Protection Orders Act”. Added by Laws 2008, c. 76, § 1, eff. Nov. 1, 2008.

As used in the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act: 1. “Foreign protection order” means a protection order issued by a tribunal of another state; 2. “Issuing state” means the state whose tribunal issues a protection order; 3. “Mutual foreign …

A. A person authorized by the law of this state to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this state. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal o…

A. A law enforcement officer of this state, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this state. Presentation of a p…

Inaccurate orders - Affidavits - Fee. A. Any individual may register a foreign protection order in this state. To register a foreign protection order, an individual shall: 1. Present a certified copy of the order to the Secretary of State; or 2. Present a certified copy of the or…

This state or a local governmental agency, or a law enforcement officer, prosecuting attorney, clerk of court, or any state or local governmental official acting in an official capacity, is immune from civil and criminal liability for an act or omission arising out of the registr…

A protected individual who pursues remedies under this act is not precluded from pursuing other legal or equitable remedies against the respondent. Added by Laws 2008, c. 76, § 7, eff. Nov. 1, 2008.

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by Laws 2008, c. 76, § 8, eff. Nov. 1, 2008.

This act applies to protection orders issued before November 1, 2008, and to continuing actions for enforcement of foreign protection orders commenced before November 1, 2008. A request for enforcement of a foreign protection order made on or after November 1, 2008, for violation…

temporary ex parte order of protection. A. If a plaintiff requests an emergency ex parte order pursuant to Section 60.2 of this title, 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 Pro…

Beginning on January 1, 2016, the Administrative Office of the Courts shall administer a five-year pilot program in any county with a population exceeding five hundred thousand (500,000), which may consist of implementation of an Integrated Domestic Violence Docket to combine, wh…