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§ 1390.Enforcement - Disobedience Punishable As Contempt - Penalties - Jury Trial

Chapter 24: Injunction · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 1390 lets a court enforce an injunction as its own act, punishes disobedience as contempt through attachment, restitution, and further security, sets penalties up to two hundred dollars per day or six months in jail, or both, and preserves the right to a jury trial.

Full Text of § 1390

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An injunction granted by a judge may be enforced as the act of the court. Disobedience of any injunction may be punished as a contempt, by the court or any judge who might have granted it in vacation. An attachment may be issued by the court or judge, upon being satisfied, by affidavit, of the breach of the injunction, against the party guilty of the same, who may be required to make immediate restitution to the party injured, and give further security to obey the injunction; or, in default thereof, he may be committed to close custody, until he shall fully comply with such requirements, or be otherwise legally discharged, or be punished by fine not exceeding Two Hundred Dollars ($200.00) for each day of contempt, to be paid into the court fund, or by confinement in the county jail for not longer than six (6) months, or by both such fine and imprisonment. This act shall in no way alter the right to trial by jury.

Amendment History

R.L. 1910, § 4875; Amended by Laws 1972, SB 549, c. 149, § 1.

Plain-English Summary

An injunction a judge grants carries the full force of the court itself. Disobeying it is contempt, punishable by the court or by any judge who could have granted the injunction in vacation. To enforce it, the court can issue an attachment against the violator once satisfied by affidavit that the injunction was breached. The violator can be required to make immediate restitution to the injured party and to give further security to obey the injunction going forward.

If the violator doesn't comply, the consequences escalate: close custody until full compliance (or until otherwise legally discharged), or a fine of up to two hundred dollars for each day of contempt, paid into the court fund, or confinement in the county jail for up to six months, or both fine and imprisonment together. The section closes by making clear none of this touches the right to a jury trial.

Frequently Asked Questions

What happens if someone disobeys an Oklahoma injunction?

It's punishable as contempt, by the court or by any judge who could have granted the injunction in vacation.

How does the court enforce an injunction against someone who breaches it?

The court can issue an attachment against the violator on affidavit proof of the breach, and can require immediate restitution to the injured party and further security to obey.

What penalties can a court impose for contempt of an injunction?

Close custody until compliance, a fine of up to two hundred dollars for each day of contempt paid into the court fund, confinement in the county jail for up to six months, or both fine and imprisonment.

Does being held in contempt of an injunction take away my right to a jury trial?

No. The section expressly states it doesn't alter the right to trial by jury.

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
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