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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If an emergency protection order is dropped by the victim can the state still press charges?

A person was assaulted while they were holding their child but then later dropped the protection order, can the state press charges? There is physical evidence of said assault and there was an arrest.

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 31, 2018

Yes they certainly can.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What charges will an 18 year old girl get for defending herself against 16 yr old brother In a fist fight?

He hit first, and she hit back because he said her daughter was a mistake.

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 31, 2018

Probably none if the police didn't investigate or arrest her. I really don't think she will have any trouble.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: How do I drop charges on domestic abuse against my ex? He hasn’t had court yet.

He’s been in jail for a week. I moved out and away from him to my moms. Not much evidence against him. Only picture was of skin on my neck was red. Neck was not bruised or swollen.

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 29, 2018

I recommend that you don't drop charges. But if you really want it to drop, show up and ask the Judge to do it.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: can a person file against someone they left. Not safe to stay, leaving the state due to threats, verbal, mental abuse.

Moved in with engaged partner, did not show tendencies of abuse throughout the relationship. After a month he started showing erratic behavior - argumentative, unfolding controlling attitude, name calling, locking me out of the house, acting as though it was nothing. It became bad, I knew I had to... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 27, 2018

If you mean a "No Contact" domestic violence Protective Order, you'll need to be here in Oklahoma to sign papers, and appear for trial.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My VPO was recently dismissed, although it is still on my record, does this mean I can now own a firearm again and hunt?
Gary Johnston Dean
Gary Johnston Dean
answered on Jan 12, 2018

Yes.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Recently a VPO filed against me was dismissed but it will still be on my record, will this affect my employment?

I am hoping to go into the veterinary field and working with animals. I know you have to have a clean record to pursue such a career, so I wonder that even though the VPO filed against me has been dismissed, will the fact it is still on my records prevent me from getting a job in the veterinary... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 12, 2018

It should not.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Child Support, Divorce and Domestic Violence for Oklahoma on
Q: My soon to be ex husband is refusing to pay child support until a paternity test is taken. What do I do?

He's fled to Wisconsin after the military and has been in and out of jail since. I dropped two domestic violence cases in Colorado (where he was stationed) out of fear of him. He's now all of sudden claiming our child isn't his and won't pay a cent. Part of the divorce agreement... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 12, 2018

If there is a court order in force to pay child support, and he is in the military, it's very easy to collect. But it's very obvious that you need an experienced family law attorney to help you. Hire one immediately! He is continuing to abuse you through this process.

Please...
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2 Answers | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: domestic dist with partner. physically assaulted. no arrest. then assaulter filed emergency protect order. evicted from

home. court date over a month away. many contradictions in police report and protect order. need important documents from home. partner infidelity reason 4 domestic. now she living in my house with man she cheating with and my 2 children. want hearing on protect order now or very soon. options... View More

Pete David Louden
Pete David Louden
answered on Jan 6, 2018

Bottom line: With something this serious, DO NOT attempt to represent yourself. If a final protective order is granted, your case could be damaged beyond repair. You need to hire an attorney asap! If you are not proactive the case will drag on and you will get run over. Get help quick!!!

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1 Answer | Asked in Domestic Violence and Employment Discrimination for Oklahoma on
Q: If someone has a protective order against you, can you get a job at the same place they work?

I am in the process of appealing it. The only reason it was granted is because I was late for court. Also I used to be employed at this same place. She slashed my tires and then filed for a protective order. And I have done nothing to her.

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 3, 2018

Yes, you may apply for the job, just conduct yourself in a professional manner around her.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I had a DV incident in Jan of 2016, I didn't file a report, I have pictures and no witnesses. Can it be used in court?
Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2017

As a general rule yes. You, or the person who took pictures must "identify" them, as to time place and subject, and state that they are a fair representation of what they purport to show.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Domestic Violence and Small Claims for Oklahoma on
Q: Would being around hunters or attending hunts with others possessing firearms violate the VPO filed against me?
Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2017

No it should not, as long as you're not in possession of firearms.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can my husband domestic violence strangulation in front of minor child get dropped to something else if I do not testify
Gary Johnston Dean
Gary Johnston Dean
answered on Dec 24, 2017

Not necessarily, it depends on ALL the evidence presented at the preliminary hearing.

2 Answers | Asked in Domestic Violence and Family Law for Oklahoma on
Q: Can a person who pled no contest to child abuse charge be allowed around my children?

My ex is dating a man who pled no contest to a past child abuse charge. Do I have to allow my children to still go to her house with him around?

Pete David Louden
Pete David Louden
answered on Dec 20, 2017

I think it would depend on the severity of the charges and the particulars of the case.

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2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is it illegal for me to contact someone if I have a protective order against them

Is it illegal for someone to contact me if I have a protective order against them

Frank A. Urbanic
Frank A. Urbanic
answered on Dec 17, 2017

No, but they would likely be violating the terms of the protective order if they respond.

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I was falsely accused if domestic assault and battery causing major bodily harm.

I am innocent I have witnesses just haven't been to court yet. This was not around my children. I have full custody of my kids . Can my ex husband keep my kids away from me when they go visit him because I'm going through this stuff. I have no criminal background . This was my... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 13, 2017

Before he tries to keep the kids, he should file a motion for temporary emergency custody. There is no way for me to know what he may TRY to do.

If he does pull something… You should consult an experienced Family Law Attorney, in your area, for help with this problem

Vws

0 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: In the state of Oklahoma how do you know if a sentence for a crime was excessive.

He was convicted of 4 charges but there is so much I don't understand still. I believe I caused a miscarriage of justice. There is so much to tell and explain but I seriously think he was railroaded.

2 Answers | Asked in Domestic Violence for Oklahoma on
Q: If you have a domestic charge from your wife and went to prison. But when released you get back together and now she the

abuser. Can you file a restraining order against her? In Oklahoma

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 30, 2017

Yes, however if she denies it, with your history, a judge will tend to give her testimony more credibility. I suggest that when it happens, you try to document it with video, or audio recordings. Good luck. Unfortunately most tend to characterize the male as the abuser, but from my 12 years as... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: In a A&B trial If DA is aware that victim's testimony about sustaining a concussion is a lie, is that a Brady violation?

Victim testified that her injuries were severe enough that emsa took her to the hospital where she says they told her she had sustained a concussion. This was her excuse to why she couldn't remember as her answer every time defense counsel asked a relevant question to the great detail she... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 29, 2017

YES, it would appear to be, IF the DA had evidence that no concussion was suffered. Ask your lawyer to look into it.

2 Answers | Asked in Domestic Violence for Oklahoma on
Q: Me and my fiancè got in a fight to where i pushed him and he pushed me to the floor.

My mom called the cops but i didnt want them there. They made me make a statement but I didn't press charges. I told them I just want to get clothes and say something where else he could stay home. By the end of the night they said that they would issue a warrant out for him. But I didn't... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

Gee, I thought I answered this questions a few days ago.

You both are just going to have to wait and see if the DA files any charges. The police can't do this, they just have to file a report, and submit it to the DA who will make the decision. You can check daily on the court website,...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: A friend of mine is in jail and has been there for 2 months he is going to his pre preliminary hearing on the 6th.

his charges are assault with a dangerous weapon, domestic assault & battery then 2 malicious injusry to property under $1000.00. The women(ex gf) has wrote a letter to the DA that she doesn't want to push these charges, that things got out of hand. Could you tell me what your professional... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

Candi, since I don't practice in McIntosh county, I don't have any insight, or history of dealing with the DA or the Judges, so I'll just give my general thoughts on this.

If the Ex GF doesn't want to press charges, this does not mean cases will be dismissed. However,...
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