The court or judge may also, if the same be deemed necessary, insert in the warrant a command for the apprehension of the person charged with causing the illegal restraint.
§ 1349.Arrest of Party Causing Restraint
Chapter 23: Habeas Corpus · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 1349 lets the court add a command to the emergency warrant under Section 1348, authorizing the arrest of the person responsible for causing the illegal restraint, not just recovery of the person restrained.
Full Text of § 1349
Amendment History
R.L. 1910, § 4900.
Plain-English Summary
Section 1349 builds on the emergency warrant described in Section 1348. If the court or judge deems it necessary, the warrant can also command the apprehension of whoever caused the illegal restraint - not just the recovery of the restrained person.
Frequently Asked Questions
Can the warrant target the person causing the restraint, not just the victim?
Yes, if the court deems it necessary, it can insert a command for that person's apprehension.
Is this addition to the warrant automatic?
No - the text leaves it to the court's judgment whether it's necessary.
Does this apply alongside the warrant in Section 1348?
Yes, it's the same warrant - this section just allows an added command within it.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: arrest person causing illegal restrainthabeas corpus warrant apprehension oklahoma