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Oklahoma Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for Oklahoma on
Q: Can my VPO be vacated because my ex invited me to her house we spent a little time together then told me about vpo

This was only one day after our divorce . I had believe we were going to keep seeing each other . I had asked her if she wanted me to drop off her smoker and she said yes so I went over there. She let me in hug me kiss me passionately this went on for a little bit and then she told me she filed... View More

0 Answers | Asked in Domestic Violence for Oklahoma on
Q: I had a domestic assault charge that was dropped by the state (Oklahoma) now my ex is trying to press charges again.

I (Male) had a domestic assault charge brought against me and was then dropped by the state 4 days later. I gathered my belongings from my ex's house (female) and she asked if we were getting back together. I told her it was best that we didn't and now she is stating she is going to press... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: Is it considered domestic violence in oklahoma to with hold food from your spouse , domestic partner , common law wife

Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More

Tracy Tiernan
Tracy Tiernan
answered on May 5, 2024

Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can Domestic abuse against a pregnant women. Be considered a felony first time incident.

I was booked under CF for this charge when we have no prior

Tracy Tiernan
Tracy Tiernan
answered on Apr 12, 2024

Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My friend already has a court appointment attorney and has been in jail for a lengthy amount of time if I Bond her

Out now will she keep her Court appointment attorney or will they still make her hire a private attorney

Tracy Tiernan
Tracy Tiernan
answered on Mar 7, 2024

That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Native American Law for Oklahoma on
Q: Can a parent choose to not enroll an eligible child in a tribe-specifically Kiowa-? What are parental rights here?

Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More

James L. Arrasmith
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answered on Feb 4, 2024

In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More

1 Answer | Asked in Domestic Violence, Family Law, Native American Law and Child Custody for Oklahoma on
Q: Can a non-native father OBJECT to the enrollment of his child(5) and the transfer of child custody case to Tribal&ICWA?

The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More

James L. Arrasmith
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answered on Feb 4, 2024

In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: If convicted of domestic assault and battery misdemeanor, can you live in a home with a firearm?
James L. Arrasmith
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answered on Nov 12, 2023

Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.

The law prohibits anyone convicted of...
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1 Answer | Asked in Federal Crimes, Domestic Violence and Native American Law for Oklahoma on
Q: What Jurisdiction is correct according to the timeline and if it is federal what do I do

The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More

James L. Arrasmith
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answered on Nov 7, 2023

Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More

David A. Cincotta
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answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
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?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

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)... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: If a victim suspends a protective order for a day to attend a family function should the order be thrown out
Pete David Louden
Pete David Louden
answered on Feb 28, 2023

A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.

Best of luck!

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More

James L. Arrasmith
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answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.

Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.

Tracy Tiernan
Tracy Tiernan
answered on Dec 15, 2022

What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Oklahoma on
Q: First offender but it's for threaten to perform a act of violence to a police officer. Can they ask to be sent to rehab?

They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.

Tracy Tiernan
Tracy Tiernan
answered on Oct 4, 2022

Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... View More

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