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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What can happen if it's your first time getting charged with domestic assult and assult wyh a weapon

He is out on bond

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

These are very serious charges, and an experienced criminal law attorney should be hired immediately to help with this problem.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe" to get email updates...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: Is it legal for the D.A to say my kids can't come home because I chose not to press charges on my husband?

She took my kids out the home because me and my husband had a domestic situation. They said they took the kids out of the home because they feared for my safety as well as my kids, he is now locked up and they still will not give me my children back.

Pete David Louden
Pete David Louden
answered on Nov 22, 2017

Hire an attorney asap!!

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Oklahoma on
Q: I currently have a Misd Dom A&B from 2007/2008, and 2015 GRoss Mis Conduct, can I possibly get these off my record?

the Dom A&B was a deferred but for unknown to me reasons they revoked it within a week of it going off my record

the misconduct is a deferred and I don't know how about getting it off my record (i thought they just fall off)

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

You should consult an experienced Criminal Law Attorney, in your area, for help with this problem.

My My website, http://www.GaryJDean.com in the blog section has info on Expungement.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: How can the court deny a bond reduction motion based on alleged Dom violence victims statements?

My boyfriend was arrested 8/25/17 on an alleged dom violence A&B case as well as several other charges, based on his ex’s alleged statements to police. He does have a public defender but she is so overworked that she has not been any help to him, doesn’t return calls, hasn’t tried to... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 7, 2017

Sorry, but since you can't hire a private attorney, you're going to have to rely in the Public Defender.

You should have your boyfriend sign a letter authorizing his attorneys to discuss his case with you. Be sure to include your phone, mailing address, and email in the...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What requirements does the state have to meet to refile a 1st offense violation of protective order as a felony?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

It can be refiled as a felony if the victim suffered "great bodily injury". See 21 OS 644. Search on www.oscn.net.

Please visit my website, www.garyjdean.com, for information on Oklahoma Law, and at the bottom of the home page, if you "Subscribe" you will get periodic...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: I am 17 in oklahoma but my family refuses to let me leave the house and get a job though I'm not grounded, any advice?

She screams at me and she threatens me when I ask to go to the doctor for health issues I am concerned about. I ask about my wrist and if it's injured but she says it's not and if I persist she threatens to break my hand. On other occasions she says anything other than school is a... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

I am so sorry that you have all of these problems to deal with. Have you talked to your dad about this? Is he able to help? If he's not in the same home as your mother, can you go to live with him?

The best source for "free" advice with this is to talk with your school...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can I reopen a domestic assult and battery case? It was dismissed and I was not aware of the court date.

My ex broke into my parents home and went out the back where she began hitting me and trying to take our daughter on my time. She then got in a physical altercation with my (girl) that was a friend at the time while my sister called the cops. My ex was arrested and police report was filed. Next... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

NO, the statute of limitations of 2 years has now run on this incident. You should have contacted the District Attorney right after it was dismissed.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe"...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: The state is charging my fiancee with assault and trying to put a no contact order out, what can I do to get it dropped?

We live together and a no contact order would put one of us on the street, he never actually hit me but police kept insisting he beat my ass and took pictures of some red marks that were gone within minutes, I didn't want them to even arrest him and his court date is tomorrow for a bond... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

Sorry I didn't see this earlier. It's probably been resolved by now, if not, ask the question again.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe" to get email updates on Oklahoma law....
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If someone is supposed to be in a 52 week batters class what will happen since he's not in a class?

He's been supposed be finishing this class for a while. He got in the class court ordered in 2014 for domestic assault and battery in front of a minor. He keeps getting kicked out for not going. And he hasn't been in a class since his last court date and he goes back to court in a month.... View More

Frank A. Urbanic
Frank A. Urbanic
answered on Oct 14, 2017

Probably go to jail or prison depending on whether it was a misdemeanor or a felony, respectively. He needs to start the class ASAP and hire an attorney. Nobody can force him to go to the class. If he doesn’t want to do the class then he can get locked up. Simple as that.

1 Answer | Asked in Domestic Violence, Child Custody and Juvenile Law for Oklahoma on
Q: I have a protective order against me and dhs got involved because she got called in on for suicide wats my options?

The protective order is the reason the judge says I can't get them they haven't got any reason besides that.

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 2, 2017

Your questions are not totally clear, but I think you're saying the mother of your children has a Protective Order against you, is now unstable, threatening suicide, DHS has your kids, and the Judge and DHS won't let you have them because of the PO. This being the situation, Oklahoma... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is it hard to prove a making threatening act's of violence and interfering with an emergency phone call?
Gary Johnston Dean
Gary Johnston Dean
answered on Sep 28, 2017

It's not too difficult. If 911is called, they have a record of it, and a recording of anything being said. This is admissible in Court.

On making threats of violence can be more difficult if made in person, or by phone, if the call is not recorded. If by text or email, or other...
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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: Can I have a boyfriend during a divorce? It's a sticky situation and my ex could be looking at jail time...

Basically, my ex has done some pretty awful things, I'm talking child porn awful.... Molested my little cousin awful.... We've been split for a few months and currently I have a PO against him for the safety of my children. I've recently met someone new and we've developed... View More

Jason Perkins
Jason Perkins
answered on Nov 5, 2017

You are allowed to have a boyfriend during a divorce. With the facts you presented I would certainly recommend that you hire an attorney. It would not be the best idea to live together during this time and sometimes the judge will even issue a court order saying you cannot.

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a subpoena on my door today (wasn't home) for a domestic violence case. Do I legally have to go as a victim?
Frank A. Urbanic
Frank A. Urbanic
answered on Sep 20, 2017

Consulting with an attorney first is the best course of action. They can tell you your reponsibilities the effect of inaction.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can my ex file mutual domestic a&b on me?

There were witnesses i pressed charges he made bond now and I was told he is filing mutual domestic a&b on me. He doesn't have anymarks on him at all I'm the one with a bite mark scratches bruises and a busted lip. Can he really press charges on me after he's been bonded out?

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 6, 2017

It's highly unlikely that the DA would file such charges. Don't worry about it.

Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Why is bail set so high?

My bf got arrested on 8/29 when his father called the police bc they got into a physical altercation. After 2 days of calling the clerk's office for info, they gave me a bond amount of $25,000! I asked what was he being held for? The woman told me it was for a failure to appear and for $300... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 1, 2017

My best bet is that he owes the court about $2500 in fines and costs. SOME Judges set bail on costs cases at 10 times the amount owed. Fees from a bail bondsman for a $25000 bond would be 1/10th of the

bond, or $25,000.

Get it? He might as well payoff fines, rather than...
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1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Federal Crimes for Oklahoma on
Q: If I press charges on my brother for physical and emotional abuse on my son will cps finally get my daughter out too?

My son in foster for reporting his uncle choked him and hit him and his sister my daughter also reported certain things to her school counselor. However daughter left there by cps but took my son now I fighting for him but not on paperwork for daughter plz help

Gary Johnston Dean
Gary Johnston Dean
answered on Jan 22, 2018

I'm really sorry no one answered your question earlier. It so old now, you have probably found an answer elsewhere. If you still have questions about this ask your question again, and give as many detailed facts as you can. Take care, and good luck to you.

Please visit my website,...
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1 Answer | Asked in Domestic Violence, Criminal Law and Appeals / Appellate Law for Oklahoma on
Q: Can a domestic A&B be dismissed if police failed to view hospital parking security video & only had witnesses reports?

If a person plead guilty to $50 fine because their public defender told them that the DA still had enough witnesses testimonies of the defendant assaulting the victim and later defendant finds out that video is called exculpatory evidence & the police failed to view & preserve that video... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

In criminal law, there are very important time frames for appeals and motions to withdraw pleas.

You should IMMEDIATELY contact an experienced Criminal Law Attorney for help. Convictions for domestic violence carry LIFETIME Ramifications!

Gary J Dean, Attorney

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Oklahoma on
Q: First divorce hearing June 8th. My husband has an attorney, I cannot afford one.

There is a PO to protect myself and my kids, domestic violence charges are with the DA. I need an extension and temporary child support. I called his attorney an asked if he can do this, but I am concerned he is going to have my husband's best interest (of course) with everything he does. My... View More

Pete David Louden
Pete David Louden
answered on Jun 8, 2017

Hello:

You should consider contacting legal aid and see if they can help you. You should not attempt to represent yourself.

Pete D. Louden

1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: My rights where terminated. How do I get them back??

I was in domestic relationship. DHS got involved took my rights. Case worker and I didn't get along. She wouldn't tell me or help me do what I needed to do. I wasnt given an attorney throughout any of my case. I didnt know what to do. So can you please advise me on what I can do now??... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

DHS can't take your rights, this can only be done by a Judge in a court case in which you've been notified. You should consult an experienced Family Law attorney for help immediately.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My boyfriend has a domestic a&b case against. He bonded out and we still cant afford a lawyer for his next courtdate.

The charges are by his ex and when he had his arraignment the judge set a new court date and told him to hire legal counsel as he bonded out. He had to look for work and is working now but we havent gathered enough to afford a lawyer for this felony charge. We called many lawyers and made an honest... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

Unfortunately many courts have been pressured to tell defendants who are out on bond that they are not entitled to a court appointed lawyer if on bond. THIS IS NOT THE LAW!

My advice is to do as you have done, document at least 6 calls to attorneys who practice criminal law in the county,...
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