Oklahoma Summons and Notice of Automatic Temporary Injunction Form

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Summons and Notice of Automatic Temporary Injunction

After the Petitioner serves the Defendant all copies of the divorce papers filed at the court’s office, the Defendant has 20 days to complete this form and return to the court.

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IN THE DISTRICT COURT OF COUNTY

STATE OF OKLAHOMA

IN RE THE MARRIAGE OF: )

)

, )

Petitioner, )

-and- )))

, ) Case No.

Respondent. )

SUMMONS and NOTICE OF

AUTOMATIC TEMPORARY INJUNCTION

TO THE ABOVE NAMED RESPONDENT:

You have been sued by the above-named Petitioner and you are directed to file a written Response to

the attached Petition in the office of the Court Clerk in the County named above within twenty (20) days

after service of this summons uponyou, exclusive of the dayof service. Within the same time,a copyof your

Response must be delivered or mailed to the attorney for Petitioner, or to the Petitioner if not represented

by an attorney.

Unless you respond to the Petition within the time stated, judgment will be rendered against you

for the relief demanded in the petition, with costs of the action.

Issued this day of , 20 .

, Court Clerk

Name, address, phone number of Petitioner

or Petitioner’s attorney and OBA Number By:

Deputy Court Clerk

YOUMAYSEEKTHEADVICEOF AN ATTORNEYON ANYMATTER CONNECTED WITH THIS SUIT

OR YOUR RESPONSE. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT A

RESPONSE MAY BE FILED WITHIN THE TIME LIMIT STATED IN THE SUMMONS.

This Summons AND Notice was served on this day of , 20 .

Name of Person Serving Summons

SEE THE NEXT PAGE (OR OTHER SIDE) FOR AN IMPORTANT ORDER AFFECTING YOUR RIGHTS

AUTOMATIC TEMPORARY INJUNCTION NOTICE

WARNING: This is an official Court Order by operation of law. It affects your rights. Read this

Notice immediately and carefully. If you do not understand it, contact a lawyer for help. Violation

of this Order may be punished by fine and/or imprisonment.

Oklahoma Statutes (43 O.S. §110) provide that upon the filing of a Petition for Divorce or Legal Separation by the Petitioner,

or upon service of the Petition and Summons on the Respondent, or upon waiver and acceptance of service by the Respondent,

an Automatic Temporary Injunction shall be in effect against both parties until the final decree is entered or the Petition is

dismissed, or until further Order of the Court unless:

(a) both parties have signed their names below agreeing to waive these Automatic Temporary Orders; or

(b) within three (3) days after service of this Summons, a party files an objection and requests a hearing with the

Court. This Automatic Temporary Injunction shall remain in force until the hearing by the Court.

Either party may apply to the Court for further temporary orders, an expanded temporary injunction, or modification or

revocation under 43 O.S. §110(A)(4).

THEREFORE, BOTH YOU AND YOUR SPOUSE ARE

RESTRAINED, ENJOINED, AND PROHIBITED FROM THE FOLLOWING:

1. Molesting or disturbing the peace of the other party or the child(ren) of the marriage.

2. Disrupting or withdrawing any child(ren) of this marriage from an educational facility, program, or day-care where the

child(ren) historically have been enrolled.

3. Hiding or secreting any child(ren) of this marriage from the other party.

4. Removing any child(ren) of this marriage beyond the jurisdiction of the State of Oklahoma, acting directly or in concert with

others, except for vacations of two (2) weeks or less duration, without the prior written consent of the other party, which

shall not be unreasonably withheld.

5. Selling, mortgaging, encumbering, transferring, loaning, giving away, concealing or in any way disposing of, without the

written consent of the other party or an order of the Court, any marital property, except:

(A) in the usual course of operating a business;

(B) for the purpose of retaining an attorney for the case; or

(C) for the necessities of life.

Each party shall notify the other party of any proposed other expenditures, and shall account to the court for all such

expenditures made after this injunction went into effect.

6. Intentionally or knowingly damaging or destroying the tangible property of the parties, or either of them, including, but not

limited to, any document that represents or embodies anything of value.

7. Making a withdrawal for any purpose from any retirement, profit-sharing, pension, death, or other employee benefit plan

or employee savings plan or from any individual retirement account or Keogh account.

8. Withdrawing or borrowing in any manner all or any part of the cash surrender value of life insurance policies on either party

or their child(ren).

9. Changing or in any manner altering the beneficiary designation on any life insurance policies of either party or any of their

children.

10. Canceling, altering, or in any manner affecting any casualty, automobile, homeowners’, or health insurance policies insuring

the parties’ property or persons.

11. Opening or diverting mail addressed to the other party.

12. Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, such as tax refunds, insurance

payments, and dividends, or attempting to negotiate any negotiable instruments payable to either party without the personal

signature of the other party.

REGARDING INSURANCE, YOU AND YOUR SPOUSE ARE:

13. Ordered to maintain and keep in force all presently existing health, property, vehicle, homeowners’, life and other insurance

which you are presently carrying on any member of this family unit, or property or vehicle, and to cooperate as necessary

in the filing and processing of claims. Any employer provided health insurance currently in existence shall remain in full

force and effect for all family members.

WAIVER OF AUTOMATIC TEMPORARY INJUNCTION

Pursuant to 43 O.S. §110(A)(2)(b), the provisions of this Automatic Temporary Injunction can be waived – if both parties

agree. By my signature below, I waive the effectiveness of the foregoing Automatic Temporary Injunction. I understand this

waiver is not effective unless both parties have checked the boxes and signed below.

Dated: Dated:

G G

Signature of Petitioner Signature of Respondent

AOC APPROVED FORM Rev

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