Lawyers, Answer Questions  & Get Points Log In
Oklahoma Domestic Violence Questions & Answers
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... View 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... View 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... View 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... View 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... View 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... View 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.

View More Answers

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

View More Answers

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... View 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... View 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!

View More Answers

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...
View More

View More Answers

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... View 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... View 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?

1 Answer | Asked in Criminal Law, Domestic Violence and Libel & Slander for Oklahoma on
Q: If someone was arrested for Domestic Violence, Kidnapping, Assault by Strangulation and making death threats and were

charged with those offenses, but the accuser willingly and voluntarily dropped all accusations and refused to press charges against said abuser. Can those same accusations be brought back up 3 years later as evidence used in obtaining an Emergency Order of Protection being granted? Or are those... View More

Jessica Brown
Jessica Brown
answered on May 3, 2021

From what you've described, they can still be brought up. They're certainly not "void."

Victims don't have the choice about "pressing charges." Rather, that's the prosecutor's call. The victim can recant, fail to cooperate, etc. But it's the prosecution's choice whether to press charges or not.

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 Criminal Law and Domestic Violence for Oklahoma on
Q: If a protective order has been vacated, but you had several protective order violation counts, do they vacate aswell?

Or do the charges remain active. I can make my case on that she lied about the protective order thats why she petitioned to vacate.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 28, 2021

Dismissal of the protective order does NOT dismiss pending criminal charges. You should retain an experienced criminal law attorney to represent you in that case.

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...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can DHS take my kids if I don't testify in domestic violence case, if they were not present or living with abuser?

I was the victim of a domestic assault. He was arrested and I was taken to hospital. My kids were not present and we were no longer living with the abuser. DHS has gotten involved, can they take my kids if I don't want to testify or press charges?

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

This is tricky.

First, I'm so sorry that you were treated this way by your abuser. It's a lot to go through.

It is possible that DHS could investigate you for "failure to protect" if your children have been around any domestic violence - but especially if you...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can I decide two weeks after a domestic violence incident to call the police to press charges
Charles Watts
Charles Watts
answered on Feb 16, 2021

Yes however by waiting that long a lot of physical evidence will be gone and therefore a lot of what the DA would need to prosecute won’t be of record. However, waiting is often common because in domestic issues there is usually an element of fear if they file charges, so it is still worth filing... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.