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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a da verbally subpoena a witness to testify in a domestic violence case over the phone in the state of oklahoma?
Doak Willis
Doak Willis
answered on Jun 27, 2019

No. Subpoenas must be served upon a person to appear in Court on a specific date and time.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on
Q: I came from NM to Oklahoma with a guy he promised to send me home when I wanted to leave. He refuses now to send me

Can he be held for kidnapping

Gary Kollin
Gary Kollin
answered on May 15, 2019

No uou came voluntarily

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Hubby is in Anna McBride program and in rehab. Can they do a home visit while he's gone?

He's at the VA hospital in Leavenworth,Kansas for the next four months. He told me that just because he's gone that the woman that runs the program and the compliance officer could still come do a home visit/search while he's gone. Wouldn't that be harassment since he's not here?

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: Can I legally move out of state with my child to get away from domestic abuse?

My sons father has been emotionally, mentally and at times physically abusive. I'm wanting to move out of state to be with family to get my life back but I do not want to risk losing my son. I need to be with my family and away from his father, but does that mean I have to lose my son?

Kyle Persaud
Kyle Persaud
answered on May 9, 2019

No. You can move out of state without losing your son.

The rules for a parent relocating are as follows:

If either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of the minor child of the parties over...
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can you be prosecuted without the victim or witness?
Frank A. Urbanic
Frank A. Urbanic
answered on Apr 9, 2019

Succinctly... yes

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: How can I file for a motion to dismiss
Arnab Kumar Banerjee
Arnab Kumar Banerjee
answered on Jan 29, 2019

according to section 504 of title 22 of Oklahoma statute after preliminary hearing the defendant can file a motion to dismiss. he must established beyond reasonable doubt that there is insufficient evidence. after setting motion court will issue notice to all parties and a hearing date is fixed.... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a deferred sentence be reduced over time?

My husband has a 7 year deferred sentence. He has done one year so far. He has all his fees paid off and only has 3 more classes left that we're court ordered. I was just wondering if it was possible to get his sentence reduced anytime.

Doak Willis
Doak Willis
answered on Jan 21, 2019

There is a method of reviewing his sentence but can only be accomplished with the consent of the District Attorney at this point. It would take hiring a good criminal defense attorney who could possibly get the DA to agree. At that point the attorney could file the paperwork to get the case back in... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My ex husband was charged with abuse of child sexbc in violation of 10 O.S. 7115. What does this mean?

He was sentenced to serve 10 years provided entire term be suspended upon good behavior ordered 50 hours of community service. States will not have custody or unsupervised visitation with his two minor children. Was supervised by Payne county for 2 years. Court advised the defendant of his appeal... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the procedure in court for a domestic violence an b by strangulation by strangulation isnt right

The police officer had made a statement that I had marks on my neck I said I dont think he chokes me she said there are marks on ur neck and took pics and it was put in report that he choked me I have mad a written statement to the fact of what happen what is process now and will they drop the... View More

Doak Willis
Doak Willis
answered on Dec 30, 2018

You should go to the District Attorneys office where the charges were filed and speak to the assistant D.A. who has been assigned the case. You need to clear up your statement that you made to insure that indeed you told the investigator that you don't think the person charged choked you. You... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If a child's name is listed as a minor family member on protection order does does no contact apply to child as well?

A protection order has a blank line for petitioner's name and under it says "and on or behalf of minor family members". To the right it says list additional minor family members:

Child's name is listed on the right. But not on the left under "on behalf of".... View More

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I asked a judge for Discovery at a protective order hearing he said I could not do that.. how can I defend myself then..

She had a huge stack of papers she was calling proof...how can I defend myself if I don't know what I'm being accused of or what evidence she has.. or if that evident was a pain while we were still married there for making it privileged

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can someone else fill out a protective order for me to sign?
Stephen LeRoy Cale
Stephen LeRoy Cale
answered on Sep 22, 2018

Yes. There is nothing wrong with that. Many times a domestic violence intervention worker in some counties will fill out the paperwork for you to sign. Keep in mind that you are signing the document under oath. Make sure the content is correct before signing it.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can they press domestic charges against my s/o with witness accounts only. having never seen me or me talked me?

There was a one sided domestic dispute between my s/o and I. My daughter was in the car and it took place outside the vehicle. Two strangers saw the incident called the police. A react van happened to stop took my dL info then asked me questions but all I said was I'm fine I'm okay. Then... View More

Pete David Louden
Pete David Louden
answered on Aug 17, 2018

If you are asking if eye witness testimony can be used in a domestic violence proceeding, the answer would be yes. If there is sufficient evidence of a crime the DA can file criminal charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: When will I receive a check for testifying as a witness during a preliminary hearing in Oklahoma?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 25, 2018

If you have received a subpoena, you should check in with the court clerk's office, and fill out a form for the fee and vehicle mileage.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I got into a physical altercation with a friend resulting in self defense but the friend pressed charges that I cause it

I was helping her out by letting her stay with me due to her being homeless. She started a fight with me striking me several times before I eventually struck her back. She told the police that I beat her up on purpose about money without mentioning she started. Now im charged with domestic abuse... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 13, 2018

The DA won't help you. You need a lawyer. If you truly can't afford one, apply for a court appointed one. You do NOT want a conviction for this on your record. Good luck

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: DA filed Burks notice about a past incident never reported to polic but there is one. Is that prosecution misconduct ?

In DA's statement of facts on my brother to support probable cause the DA exaggerates what victim reported to police about a domestic assault committed by my brother on the victim 5 yrs ago that makes him seem abusive, how it wasn't reported to police, and that she continued to stay... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Must a victim agree to file charges for domestic abuse or can the police file on their own?

Police were called by third party who witnessed and they gave statements saying they saw the abuse. Victim confirmed abuse but no arrest was made that night, victim left to stay with extended family. This also took place in front of their minor child

Stephen LeRoy Cale
Stephen LeRoy Cale
answered on Jun 9, 2018

The victim does not have to agree. The police will turn in a report to the district attorney's office, who will decide whether to file charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Planintiff isn’t paying court ordered lawyer fees and my lawyer is threatening to take me to small claims court.

Am I responsible to pay these fees after the plaintiff was court ordered to? In the beginning my lawyer told me not to worry about it, he was sure we would be awarded court fees and cost to be paid by the plaintiff.

Richard Winblad
PREMIUM
Richard Winblad
answered on Jun 11, 2018

I agree with Keegan. If you know where your opponent works or banks your attorney should be able to issue a garnishment. The attorney would automatically be entitled to additional attorney's fees. If you don't know this information the court can order a hearing on assets.

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is there any way to quash a felony arrest warrant if there's documented proof probable cause wasn't met?

Felony arrest warrant for Stalking filed on defendant for courthouse security camera showing defendant & victim passing each other in hallway with active protection order in place. Victim files false report claiming defendant yelled at her while omitting the fact defendant had a court hearing... View More

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