Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jessica Brown
3 Answers | Asked in Divorce for Oklahoma on
Q: Does Oklahoma have jurisdiction over Arkansas when it comes to filing for a divorce that took place in Arkansas?

I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... Read more »

Jessica Brown
Jessica Brown answered on May 6, 2021

That's curious. Actions for divorce or annulment can be brought in the State of Oklahoma when either the petitioner or the respondent has been a resident for 6 months. After establishing if the action can be filed in the State of Oklahoma, then you look at which county is appropriate. It can... Read more »

View More Answers

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What is the punishment for Malicious destruction to property

There was an incident at my house where my bests friends aunt wouldnt leave and she backed into my friends car, they broke out her windows then she gunned it out my driveway I ended up on the hood till the end of driveway. The sheriff arrested 3 of us and we sat in jail from Friday till Tuesday... Read more »

Jessica Brown
Jessica Brown answered on May 5, 2021

It sounds like a lot is going on there.

There can be civil remedies for destruction of property that you could, depending on the value of what this person damaged/destroyed, bring in Small Claims court. If it's more than $10,000.00, then you could file a CS or CJ action.

There...
Read more »

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Is it legal to drive my friends vehicle without him in the car if I'm not on the insurance?
Jessica Brown
Jessica Brown answered on May 5, 2021

It's a different question if it's "legal" versus if it's covered by his insurance. It's "legal" as long as you have your friend's permission to drive their vehicle.

However, their insurance policy's terms would determine if you were a...
Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I was injured on the property that I’m renting and they have a clause in their lease saying I can’t sue them

I had 3 stitches had to get a tetanus shot they told me to take it up with my renters insurance and said basically they aren’t doing anything or willing to give me anything my daughter has nightmares 3 days can I sue and how much can I ask for I am on a month to month lease was injured by a... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You should contact a "personal injury" attorney. I noticed that this was posted under Landlord/tenant inquiries and they wouldn't likely see it.

1 Answer | Asked in Animal / Dog Law for Oklahoma on
Q: What can I legally do when some fails to keep their end of an agreement to stud contract?

We had an agreement and I have retained screenshots of the agreement made threw text and the person had 3 puppies total. Agreement was I get a puppy or the price for what the puppy sells for. She refuses to give me a puppy and has sold 2 already and refuses to give me the money

Jessica Brown
Jessica Brown answered on May 3, 2021

You can potentially sue her for breaching that agreement. It won't be cut and dry because it doesn't sound like there's a signed contract, but there are some potential theories of recovery available to you under what you've described.

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Oklahoma on
Q: If someone was arrested for Domestic Violence, Kidnapping, Assault by Strangulation and making death threats and were

charged with those offenses, but the accuser willingly and voluntarily dropped all accusations and refused to press charges against said abuser. Can those same accusations be brought back up 3 years later as evidence used in obtaining an Emergency Order of Protection being granted? Or are those... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

From what you've described, they can still be brought up. They're certainly not "void."

Victims don't have the choice about "pressing charges." Rather, that's the prosecutor's call. The victim can recant, fail to cooperate, etc. But it's the prosecution's choice whether to press charges or not.

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I need help finding a way out of my lease and knowing if I have a chance at a case against the company I am renting fro

I just started this lease officially on April 17th and have only been able to stay a maximum of 4 days in the house due to back to back problems which also posed a hazard to my 10 month old son as well as myself and my unborn child.

Jessica Brown
Jessica Brown answered on May 3, 2021

There isn't enough information there to know where to start. However, the Oklahoma Bar Association has a very helpful page that provides answers to a lot of questions like this. Here's the link: https://www.okbar.org/freelegalinfo/tenant/

I wish you the best!

1 Answer | Asked in Uncategorized for Oklahoma on
Q: if i’m 17 and don’t feel safe at home and leave and not return what can my mother do? what if she calls the cops?
Jessica Brown
Jessica Brown answered on May 3, 2021

I'm sorry to hear you are in this position.

If you left, your parent(s) could call the police and DHS and try to force you to return. Depending on how close you are to 18, their response could be different.

I'm happy to talk with you about some options. I was previously an...
Read more »

1 Answer | Asked in Juvenile Law for Oklahoma on
Q: My 15 yr old had sexual relations with a 18 tuned 19 in February 2021 Can he be charged with a crime?

Last night he sent a message to a 15 yr old asking her to have sex with him. I would love to see this person in jail. This is disgusting what he is doing & has done. I have heard from several teens this is not the first time he has been accused of sex crimes.. A 13 yr old came forward just... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

In Oklahoma, the age of consent for minors is 16. That means it is illegal (because it can't be consented to due to age) for an 18-year-old to have sex with someone 15 or younger. That is called "statutory rape."

I'm sorry that you are in this position.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I sue for alienation of Affection? I have MANY witnesses that my marriage was great before other woman.

My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.

Jessica Brown
Jessica Brown answered on May 3, 2021

I'm sorry to hear about that. It's such a tough position.

That cause of action, alienation of affection, was abolished in Oklahoma in 1976.

I wish you the best.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
Read more »

View More Answers

2 Answers | Asked in Family Law for Oklahoma on
Q: My Ex husband is getting demanding with questions about our 16 y/o a week before court. Am I legally bound to answer?

He is constantly texting and expecting an immediate answer, if I don't he accuses me of maliciously ruining their relationship or even neglect.

Jessica Brown
Jessica Brown answered on May 3, 2021

From what you've described, it does not sound like you have a legal obligation to answer his questions. This can get tricky depending on what the hearing is about.

I wish you the best.

View More Answers

2 Answers | Asked in Child Custody for Oklahoma on
Q: Is it legal for me to deny father his visitation based on things the children have told me and being threatened by him?

Sexual behavior and random girls brought in and children made to be alone in the living room while dad and girls go in the bedroom. Once a girl came over who had kids and they stayed the night and my ex forced my youngest to sleep in the floor and give up his bed. He only gets the kids every other... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

If you are concerned for your children's safety as it sounds, a better remedy moving forward would be to request the court modify custody and raise your concerns there. You can do that with an emergency motion depending on the facts.

Be cautious - you have a duty to report any child...
Read more »

View More Answers

2 Answers | Asked in Juvenile Law for Oklahoma on
Q: Can I move out at 17? My step mom is always mentally abusive and my dad does nothing about it

My step brother is physically abusive towards me also. It has been reported to dhs twice and to cps in Texas a bunch. No one is doing anything about it.

Jessica Brown
Jessica Brown answered on Apr 28, 2021

I'm so sorry to hear you are in this position.

"Legally", your parents could force you back home. Practically, DHS may not take action because you are so close to 18. As a previously emancipated minor, emancipation might be an option for you depending on your circumstances....
Read more »

View More Answers

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I blacked out from drinking too much alcohol, someone had sex with me while I was blacked out, is that rape in Oklahoma?

I have no memory of making inside my apartment or anything after that and woke up the next morning naked from the waist down. I was left on the couch with my pants on the floor and no blanket to cover me. He was in my bed in my room sleeping. He was also drinking but only had 3 drinks in comparison... Read more »

Jessica Brown
Jessica Brown answered on Apr 19, 2021

I am so sorry to hear this happened to you. If anyone is in an altered mental state (I.e. blackout drunk), they can't consent to sex, signing a contract, etc. I don't practice criminal law (only civil here), so I'm not sure offhand about the legal definition differences between rape... Read more »

View More Answers

1 Answer | Asked in Uncategorized for Oklahoma on
Q: What can be done when a child is returned to an abusive parent? Police and dhs were involved and abuse was found

The child was returned to her mother who is a felon that spent time in prison and is a known drug addict

Jessica Brown
Jessica Brown answered on Apr 13, 2021

There's a lot going on here and more information is really needed to know what the options would be. Many attorneys offer at least free initial consultations.

I wish you the best.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Do lawyers sometimes do pro bono cases for someone who cant afford one?
Jessica Brown
Jessica Brown answered on Apr 13, 2021

Yes, we frequently do. Our Rules of Professional Responsibility also encourage a certain number of pro bono hours for each attorney per year.

I noticed that the topic you chose is criminal law. While I don't practice criminal law, others do and offer free (pro bono), low cost (low...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law, Election Law and Federal Crimes for Oklahoma on
Q: When the United States Supreme court says there no standing to take up a case what are they saying.
Jessica Brown
Jessica Brown answered on Apr 13, 2021

Legal standing basically means that the person/entity who is suing another has a reason to sue them - that they've been personally affected. For example (a silly example), if you and your spouse are having a hard time, a random passerby cannot sue your spouse for divorce on your behalf.... Read more »

2 Answers | Asked in Family Law for Oklahoma on
Q: My sister's passed away leaving behind 3 kids she had no Will. Her friend has 2 of the kids. I want the kids

She has a court date but that's all I know. What can I do

Jessica Brown
Jessica Brown answered on Apr 13, 2021

I'm sorry to hear about your loss.

Yes, as the other attorney stated, it would be best to hire an attorney here. This involves more complex procedures especially if anyone argues that you should not be given custody of the children. Searching for a guardianship or adoption attorney...
Read more »

View More Answers

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What type of lawyer do I need to sue for stress and mental problem because of my abuser

Plus his ex at the time came and rammed my truck so that was stress too

Jessica Brown
Jessica Brown answered on Apr 10, 2021

You would need a civil litigation attorney (like myself).

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.