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Questions Answered by Jessica Brown
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... View 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...
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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.

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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... View 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...
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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....
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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... View 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... View More

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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...
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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.... View 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...
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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).

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Tenants verbally agreed to move 2 months early. We signed an offer and acceptance to sale house. Now renter refuses.

We signed an offer and acceptance for sale of the house. Can we back out of the offer and acceptance and are there expenses we are obligated to cover?

Jessica Brown
Jessica Brown
answered on Apr 5, 2021

More information is needed here.

Is there an underlying written lease with the tenant in place? If so, what are those terms regarding moveout and verbal modifications?

To get a renter out of the house, you have to file a Forcible Entry & Detainer with the court and evict them....
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2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: My ex-wife is threatening to keep the kids on my day that is outlined in the court paperwork. What are my options?

She made plans on my day and has told the kids she is going to keep them whether I agree to allow her to or not. Could I call the police?

Jessica Brown
Jessica Brown
answered on Apr 5, 2021

This depends on so much. With family law especially, on one hand, you have remedies available under the law; on the other hand, you have to consider that you'll have to co-parent with your ex for years.

Prior to hiring me, I have had parents who take their custody order and call the...
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1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: In an abusive marriage and trying to leave. How can I limit or remove visitation in the divorce settlement.

I'm a stay at home mom and I'm trying to get into school. We have a toddler. Things are becoming untenable and I know we need to leave. How do I make sure I can keep my little safe when it comes to custody and visitation.

Jessica Brown
Jessica Brown
answered on Mar 30, 2021

I’m sorry to hear about your situation. That can be a lot and you should really speak to an attorney about these logistics.

In Oklahoma, if you prove there is domestic violence, the abuser is not supposed to have unsupervised visitation with the children unless the abuser overcomes the...
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4 Answers | Asked in Family Law for Oklahoma on
Q: Does the state of Oklahoma allow annulments for the grounds of bigamy
Jessica Brown
Jessica Brown
answered on Mar 29, 2021

Yes, Oklahoma allows annulments on the basis of bigamy. Let me know if you have more questions.

I wish you the best.

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1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: No lease and pay weekly. Note on my door today says evicted move tonight also electric off is this legal
Jessica Brown
Jessica Brown
answered on Mar 25, 2021

There isn't enough information here to answer your question. The Oklahoma Bar Association's website has some free legal resources for tenants that can be found here: https://www.okbar.org/freelegalinfo/tenant/

I wish you the best.

2 Answers | Asked in Divorce for Oklahoma on
Q: I want to file for a divorce. I live here in Tulsa, OK and my husband lives in Florida, do I file here or in Florida?
Jessica Brown
Jessica Brown
answered on Mar 25, 2021

Where you can file for divorce is governed by statute in Oklahoma. Either you or your spouse must be a resident of Oklahoma for six months; otherwise, the court does not have the power to grant your divorce. If you have been a resident of the State of Oklahoma for at least six months, you can file... View More

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1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: if you are 17 and pregnant and don't feel safe in your home can you leave?

I have the support from a cop and his wife that i lived with last time my dad was on drugs. i also have audio clips of him hurting my step mom. i just don’t want me or my baby around him

Jessica Brown
Jessica Brown
answered on Mar 24, 2021

I am so sorry to hear you are in this position.

Minors who are 17 can, if they are able to support themselves financially (and other considerations) petition the court for emancipation. That is a process where the court does what is called “grants rights of majority.” Essentially, the...
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1 Answer | Asked in Energy, Oil and Gas for Oklahoma on
Q: if a utility is in a persons name , in oklahoma, is that the person who is responsible for this bill
Jessica Brown
Jessica Brown
answered on Mar 23, 2021

Generally, yes. There are some exceptions to this, but I don't have enough information here to know more.

1 Answer | Asked in Civil Rights and Juvenile Law for Oklahoma on
Q: My out of control step son has come to live with us. Can I cuff him 2 me to keep him from running away?

He is constantly running away and tries to jump out of the moving car. Can I handcuff him to me to keep him from running off?? Is that legal?

Jessica Brown
Jessica Brown
answered on Mar 23, 2021

Absolutely not.

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