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Oklahoma Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for Oklahoma on
Q: I’ve never been been in trouble before and now I’m facing domestic a & b charges that my husband didn’t want to pursue.

I can’t afford much where do I turn. There have been multiple mutual physical interactions between us over the past few years and now I’m being charged and I’m lost and don’t know where to turn. DHS forced him to file a VPO against me. There was recently a AP services case opened up against... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: domestic ASSUALT AND BATTERY DO i NEED A LAWYER OR CAN I REPRESENT MYSELF
Charles Watts
Charles Watts answered on May 12, 2022

You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.

0 Answers | Asked in Domestic Violence for Oklahoma on
Q: I have 2 bench warrents from oct 2018. I need a lawyer or go to walk in docket by myself?

In Wichita Kansas not oklahoma

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can you get your firearm rights back after completing a deferred adjudication for domestic violence?

I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?

Tracy Tiernan
Tracy Tiernan answered on Apr 4, 2022

A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If I am a victim of domestic abuse and have been subpoenaed can I plead the 5th when asked to testify?
Evan Humphreys
Evan Humphreys answered on Mar 16, 2022

If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »

Charles Watts
Charles Watts answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I have a 2013 conviction assult an battary on minor now have charge of a&b in presence of minor will 2013 against new 1.
Tracy Tiernan
Tracy Tiernan answered on Nov 14, 2021

We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a lawyer represent the "victim" in a VPO case, and turn around and represent a defendent in a domestic case against

My ex girlfriend filed a VPO against someone else. The lawyer I hired for her on that case turned around and represented me in a domestic case against her. Is that a conflict of interest?

Charles Watts
Charles Watts answered on Oct 21, 2021

This is a fine line. If the lawyer obtained information about her during her case, and is now using that against her, then that would be a conflict. If there was no information gathered then it is probably not. Again this is a fine line, and most lawyers would steer clear of it. If you truly... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... Read more »

Anna L Self
Anna L Self answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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1 Answer | Asked in Child Custody and Domestic Violence for Oklahoma on
Q: If a judge granted a protection order knowing venue was in another county 22-60.3(D) is the default judgment void?

a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... Read more »

Pete David Louden
Pete David Louden answered on Sep 7, 2021

It appears this question has been asked and answered on this site and others. The answers appear to be consistent. Please refer to previous answers.

Best of luck!

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Oklahoma on
Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?

the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... Read more »

Charles Watts
Charles Watts answered on Sep 7, 2021

Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I have a friend who is being beaten and abused by her boyfriend almost to the point to where she's about to be murdered
Jessica Brown
Jessica Brown answered on Aug 7, 2021

If you’re asking what to do, your friend needs to safety plan with a domestic violence expert. DVIS is a DV provider in Tulsa who can help her. Often, it’s more dangerous to immediately file a VPO or to involve the police without any safety plan at all.

She can also contact the YWCA....
Read more »

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: What do I need to do or what can I do about a charge that is false, Domestic Violence and Asslut and Battery...

My Daughter who is 17 is pressing charges on me, with the advice of her friend and friends mom which is unexceptable,, she doesn't live with me she lives with dad in Talequah and I stay in wagoner,, I can't understand how this is fair or even possible to go on... Please I don't know... Read more »

Pete David Louden
Pete David Louden answered on Aug 1, 2021

First thing is hire an attorney now. Dont wait until later. Do not make any statememts to police or discuss this case with anyone other than your attorney.

3 Answers | Asked in Domestic Violence and Family Law for Oklahoma on
Q: What can I do to get my kids back in a domestic violence case?

DHS took my kids, I've done everything they have asked me to do and they are saying I'm not making progress at all, I've done everything they've assigned me to do and even changed my attitude and behavior and they are still looking at terminating my rights, they wont let me live... Read more »

Anna L Self
Anna L Self answered on Jul 13, 2021

You need an attorney. In OKC, they have attorneys on contract that represent parents when DHS is trying to take your kids from you. Contact the juvenile court in Tulsa and see if someone can get an attorney assigned to you if you cannot afford private counsel. Good Luck!

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3 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How do I get a judge to look at evidence? They keep denying to look at the evidence
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

This is a very complicated questions that involves multiple levels of issues.

Deadlines and how the evidence was obtained, type of case and the judge all just a few variables that can keep evidence out.

I encourage you to contact an attorney to discuss your case in detail as it...
Read more »

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

1 Answer | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How long after a domestic abuse can I file charges if im not with the person anymore but still legally married ?
Pete David Louden
Pete David Louden answered on May 15, 2021

A crime should be reported as soon as possible to preserve the evidence.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Did judge deny me due process by setting a review hearing?

A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... Read more »

Pete David Louden
Pete David Louden answered on May 3, 2021

Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?

Did the parties have attorneys or was this a pro se deal gone wrong?

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