Oklahoma City, OK asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma

Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

1 Lawyer Answer
Tracy Tiernan
Tracy Tiernan
  • Criminal Law Lawyer
  • Tulsa, OK
  • Licensed in Oklahoma

A: This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship) DHS will typically never tolerate a return of that man into the household as long as the children/victims are present. In fact, DHS could potentially terminate the parental rights of the mother if she simply can’t seem to stay away from the alleged perpetrator. And, as a society, we always hope that all mothers of precious children would seek first and foremost to put the safety and protection of their children as a top priority. You need to consult an attorney to discuss your specific facts for better guidance. Best of luck!

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