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Oklahoma Questions & Answers
0 Answers | Asked in Consumer Law and Contracts for Oklahoma on
Q: Is a restaurant's 5% credit card surcharge legal in Oklahoma for a retirement party?

I live in Oklahoma and have booked a private room at a local restaurant for a retirement party, with a $50 charge for the room plus a $400 minimum purchase. The contract clearly states there is a 5% surcharge on all payments made by credit card, although payments can be made by cash to avoid this... View More

0 Answers | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: How can we remove a no-contact order in Oklahoma given our unique circumstances?

I need assistance with removing a no-contact order bond condition. Neither my spouse nor I are seeking this order, and our unique circumstances weren't explained during my arraignment. We have been together in a homeless situation for 2 years, living out of our car. We now have an OHFA Housing... View More

1 Answer | Asked in Criminal Law and Personal Injury for Oklahoma on
Q: Co-worker attempted to run me over; what legal steps can I take?

A co-worker attempted to run me over with their car yesterday, and there was a witness who has provided a written statement. I did not sustain any injuries, and there hasn't been any previous conflict with this co-worker. I am concerned that the incident might be ignored, especially since the... View More

James L. Arrasmith
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answered on May 14, 2025

What happened to you is extremely serious, even if no one was physically hurt. Attempting to use a vehicle to harm someone can be considered assault with a deadly weapon under many laws. The fact that you have a written statement from a witness adds weight to your account and makes it important... View More

1 Answer | Asked in Agricultural Law and Constitutional Law for Oklahoma on
Q: Can state apiary inspections violate Fourth Amendment privacy rights?

I am planning to establish an apiary within the curtilage of my home. I've learned that state statute permits an inspection of the apiary without my permission or a specific reason. I am concerned that this might violate my Fourth Amendment rights regarding privacy. How does this law align... View More

James L. Arrasmith
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answered on May 14, 2025

Your concern is understandable—placing an apiary within the curtilage of your home does raise important questions about privacy and government access. The Fourth Amendment protects you against unreasonable searches and seizures, especially in areas immediately surrounding your home, which courts... View More

1 Answer | Asked in Animal / Dog Law and Civil Rights for Oklahoma on
Q: What are my rights after dogs seized without warrant in allegation of animal abuse?

My dogs were seized without a warrant 13 days ago by authorities citing animal abuse due to inadequate food and water. However, my dogs had been fed and had water available before I left for a short period. There has been no communication or paperwork from the authorities regarding charges or the... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're going through this—it’s painful to have your animals taken, especially when you believe you were providing for them. In most states, including yours, authorities usually need a warrant to seize animals from private property unless they believe there's an... View More

0 Answers | Asked in Criminal Law and Military Law for Oklahoma on
Q: Combat veteran in Oklahoma seeking pro-bono legal help for criminal case and bond reduction due to false allegations.

I am a combat veteran facing a criminal case in Oklahoma. A woman has made false allegations against me, and I am seeking a lawyer to help reduce my $100,000 bond. The public defender's office indicated that because I have an active warrant, I need to hire a paid attorney. I am in need of... View More

0 Answers | Asked in Domestic Violence and Family Law for Oklahoma on
Q: Seeking advice on navigating EPO under domestic violence, supervised visits, attorney challenges, and reuniting family.

I recently had a court hearing regarding an Emergency Protective Order (EPO) my wife filed due to my anger issues, which is considered under "domestic violence." The order allows supervised visits with our son, but her parents believe that my requests to see him under the provisions of... View More

1 Answer | Asked in Car Accidents, Contracts, Insurance Defense and Personal Injury for Oklahoma on
Q: Does settlement language pose future financial risks for car accident claim?

I received a settlement offer related to a car accident that aggravated my pre-existing neck and back issues for which I was already receiving chiropractic care. The issues are now resolved. The offer includes a statement that I agree to reimburse, indemnify, and hold harmless all released parties... View More

James L. Arrasmith
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answered on May 14, 2025

Your concern about the settlement language is understandable, especially when it includes terms like "reimburse, indemnify, and hold harmless." This wording usually means that if any third party—like your health insurer or MedPay provider—tries to recover money from the at-fault... View More

1 Answer | Asked in Employment Law, Personal Injury and Consumer Law for Oklahoma on
Q: What can I do about quitting due to office mold negligence and paystub refusal?

I worked at an office from January 20th to May 9th, 2025, and felt compelled to quit due to negligence regarding mold issues. Despite mold frequently being discussed, my employer did nothing to address the problem, even after multiple floods. I have severe allergies to mold and started experiencing... View More

James L. Arrasmith
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answered on May 14, 2025

You’ve done the right thing by documenting your health concerns and keeping communication with your employer. If your medical condition was caused or worsened by known environmental hazards like mold, and your employer failed to take action after being informed, you may have a valid claim for a... View More

0 Answers | Asked in Employment Law, Estate Planning and Gov & Administrative Law for Oklahoma on
Q: How to establish Power of Attorney for son's legal case in Oklahoma jail?

My son is currently in Okmulgee jail, having been transferred from the Lawton Detention Center. He has a public defender, Larry Monard, who has not contacted him at all. My son had a court appointment in late April where the charges were supposed to be read, but he did not attend either in person... View More

3 Answers | Asked in Trademark, Business Law and Intellectual Property for Oklahoma on
Q: Trademark issue for "SHADOW BOATS".

I have been using the name "SHADOW BOATS" since 1987 for a Bassboat that I designed and built. I am aware of another company using a similar name for larger boats, such as yachts, but they previously indicated it was fine for me to use "SHADOW BOATS" for my fishing boats. You... View More

Alan Harrison
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answered on May 11, 2025

There are various ways to work around a "likelihood of confusion" refusal by the USPTO. The most common is to try getting a concurrent use agreement with the owner of the "confusing" registered mark. This is something that any trademark attorney could assist you.

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1 Answer | Asked in Probate, Landlord - Tenant and Real Estate Law for Oklahoma on
Q: Can the executor evict a beneficiary from the property before sale?

I'm one of five siblings who are beneficiaries of a property that is to be sold and divided equally among us. The executor, who is also a sibling, agreed to let another sibling (a beneficiary) live in the property until the house is sold. Now, the executor wants to evict that sibling. Can the... View More

James L. Arrasmith
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answered on May 15, 2025

Yes, the executor may have the authority to ask a beneficiary to leave the property if it’s necessary to prepare the home for sale. Even though your sibling is also a beneficiary, the property is still part of the estate until it’s legally transferred or sold, and the executor is responsible... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Oklahoma on
Q: Can a landlord enter my rental without a court order or consent?

I've been asked to vacate my rental unit in Oklahoma due to behavioral issues attributed to my 10-year-old son, who has ADHD and possibly Autism. The notice came after incidents like rock-throwing and fights with other children, though we've since put him in therapy. Our move-out date was... View More

James L. Arrasmith
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answered on May 14, 2025

What you described is deeply unsettling and could be a violation of your rights as a tenant. In Oklahoma, a landlord does not have the right to enter your rental unit without notice, your consent, or a valid court order—unless there is a true emergency, such as a fire or serious water leak. The... View More

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Oklahoma on
Q: Impact of husband's remarriage during ongoing Oklahoma divorce?

I'm currently going through a divorce in Oklahoma with my husband, who recently went to Arkansas and got married, despite our divorce not being finalized. We jointly own a house, and his new spouse has used our address on their marriage license. I have two children involved, and although the... View More

Charles Watts
Charles Watts
answered on May 11, 2025

Depending on Arkansas law he could face a misdemeanor criminal charge ((though these are not usually prosecuted by the state)) - Oklahoma it is a felony to marry another while being married. Again the state usually doesn’t do anything to prosecute this. However, it will invalidate his marriage... View More

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Criminal Law for Oklahoma on
Q: I was taken to rehab and threatened with jail. How can I resolve this?

I was incarcerated for 30 days due to a false Failure to Appear (FTA) charge. Upon release, I was taken to a rehab facility without a court hearing about it. After completing 90 days in rehab, I was threatened to go to a sober living home or jail when I tried to leave. I don't have access to... View More

James L. Arrasmith
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answered on May 14, 2025

What you’re describing sounds incredibly confusing and distressing, especially when your freedom and choices were taken away without a clear explanation. Being sent to rehab without a court hearing and then threatened with jail if you left a sober living facility could raise serious questions... View More

1 Answer | Asked in Family Law and Civil Litigation for Oklahoma on
Q: Example motion to restrict frivolous filings by a vexatious litigant in Oklahoma family law case.

In Oklahoma, I need an example of a motion that could restrict a party from filing frivolous motions in a family law case. This party has already been declared a vexatious litigant in Utah, continues to file motions without setting hearing dates, and fails to comply with court orders to appear in... View More

Pete David Louden
Pete David Louden
answered on May 9, 2025

There are no official forms in Oklahoma for family law matters as you have described. Attorneys draft all of their own documents based on the applicable statutes and case law. I would suggest that you consult with an attorney in your local area to review your case in detail. Once the attorney... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Oklahoma on
Q: Can my employer deny my pregnant workers accommodation request for maternity jeans?

I submitted a dress code accommodation request under the Pregnant Workers Fairness Act, asking to wear my maternity jeans throughout my pregnancy because I can't fit in my pre-pregnancy pants. My employer denied the request, even after I provided a doctor's letter recommending maternity... View More

James L. Arrasmith
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answered on May 14, 2025

I'm sorry you're in this position. You have every right to expect your employer to work with you during your pregnancy, especially when your request is as basic as being able to wear maternity jeans for comfort and health.

Under the Pregnant Workers Fairness Act, your employer is...
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1 Answer | Asked in Appeals / Appellate Law and Constitutional Law for Oklahoma on
Q: How to appeal for removal from lifetime offender registration in Oklahoma?

I was tried in 2003 and given a ten-year requirement to register as an offender. In 2007, a new law was introduced, and I was grandfathered into this law, changing my registration requirement to lifetime registration while I was still serving the ten-year period. I want to take legal steps to... View More

James L. Arrasmith
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answered on May 15, 2025

You're facing a difficult and frustrating situation that many others have also experienced. When Oklahoma changed its registration laws in 2007, it affected people retroactively—even those who were already following their original registration terms. Having your ten-year requirement suddenly... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Oklahoma on
Q: Federal lawsuit docket search in Oklahoma jail case from 2008 involving food trays.

I am seeking to locate the court docket information for a federal lawsuit from 2008, involving myself and eight other inmates, about our food trays not being covered during our stay at the jail. This lawsuit was filed in Pryor, Oklahoma, against the jail located at 34 North Adair. At the time, Don... View More

James L. Arrasmith
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answered on May 14, 2025

You have every right to seek the records tied to your past case, especially when it involved concerns about your treatment while in custody. Since your lawsuit was a federal matter and filed in Oklahoma around 2008, the docket would most likely be located through the U.S. District Court for the... View More

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on
Q: Time for child neglect charge involving educational neglect and stranded helper attempt

I want to know how much time someone might face in a case of child neglect if they were present at a home but did not reside there. The child, around 8 or 9 years old, was neglected by his mother regarding education and wasn’t enrolled in school. The person being charged initially spoke to the... View More

David A. Cincotta
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answered on May 8, 2025

The range of punishment for the crime of child neglect is very broad (not exceeding life in prison), because these types of cases vary greatly. The defendant must be someone responsible for the health, safety, or welfare of the child. If that is not the case, then the person may not be guilty of... View More

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