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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a man and woman live together if the man is on probation for domestic against the woman?

My fiancee is on probation with a no contact being part of the probation. We are still in love however and wish to be married. As long as there's no violence is this ok?

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

No, a very BAD IDEA FOR BOTH OF YOU!

For him, it violates his probation, and risks him going to jail.

For you, you should get help from a domestic violence agency to get over this guy. Believe me, he without a doubt will hurt you again.

Believe me, my answer is based...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My fiancee pled guilty to domestic abuse and strangulation against me. He did his prison time and is on probation.

We want to be together. We were both drug addicts when the situation happened and we want to live together and possibly get married. Can we be together?

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

It depends….. on the terms of his original sentence, AND the terms of probation, if he was released on probation.

When a person is originally sentenced for crimes of this nature, the courts will frequently order no contact with the victim, for good reasons. It's known that domestic...
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1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: I am not sure what it means by reasonable force. Is hitting with belts or wire hangers allowed? I wouldn't think so.
Gary Johnston Dean
Gary Johnston Dean
answered on May 2, 2017

Belts and wire coat hangers both not reasonable and are abusive.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My husband and I had an argument. I was talked into filing a protective order. I'd like to attend mariage counseling how

How do I cancel the order it has not been served at this time. But I think it would be of a better benefit to myself and my husband if we we're to take some marriage counseling and some anger management classes together. Rather than be away from him and him not be able to come home. This order... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 23, 2017

You can wait until the hearing and request it be withdrawn, or some court clerk's offices can assist you in getting a court minute to the judge. I would call the court clerk to see if you can withdraw it - you may have to wait until the court has a hearing.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If my uncle grab my jacket coller in is tightin up around my neck is that breaking the law
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

Possibly, but it depends on the circumstances.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: Is denying visitation ok if my ex has been arrested for domestic violence twice and is going to jury court?
Gary Johnston Dean
Gary Johnston Dean
answered on May 2, 2017

You may deny visitation if done to protect the child. Do you have "a reasonable belief" that the child is in danger when visiting? How long has he been an abuser, assuming he is? If for some time, and no injury to child, probably not.

However, if child present during abuse, this...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: I know a guy on probabtion who is getting abused by his wife. Can he call the cops on her and file against her??

He is afraid if he calls the cops for domastic violence that shes going to lie and he will get in more trouble. On an almost daily basis they have scream fights, if it escalates (which it usually does) she punches, kicks, and throws anything she can at him. Shes left brusies and welts on his face... View More

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

His best choice would be to leave her.

If not, to secretly tape record her, and as she is hitting him, "narate for the recorder" what she's doing. Keep asking her to please stop hitting me… why did you push me etc. AND keep his cool, with calm voice..

This...
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2 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: My husband pushed me. Can I have it documented with the police. I don't want to press charges or have him arrested.
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2017

Generally, no. A simple push won't be considered as domestic violence by police, also, the incident

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1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Oklahoma on
Q: In OK, if you are guardian to your grandkids & the GKs won't allow you to supervise or protect them, what can I do?

The kids came from a negative environment, but are in a positive one now.....good school, no worries on finances....opportunities. But they want to do what they want when they want. If is stressful & making more problems often legally. I don't want to give up, but they are almost... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2017

Must be really hard on you. On the positive side, they are in a good environment now, and I would hope their custodians support your contact. I would guess they are older teen agers.

I would try taking to dinner on school night at a place they want to go to, and initially keeping it short....
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1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: I have a domestic A&B 1st offense charge in Oklahoma which was against my sister which she did not press charger

I have had one court date so far and nothing happened just gave me a new court date and said i need and lawyer which i cant afford i aslo was not asked if I wanted one in court i called a lawyer to see how much he was. Which was to high cost but he asked me questions about my case and said with the... View More

Frank A. Urbanic
Frank A. Urbanic
answered on Feb 22, 2017

You need to find a job so you can afford an attorney. Domestic assault and battery charges are no joke. There are more repercussions from that charge than a simple assault and battery charge. Finding the money to pay an attorney is your number one priority right now. Sitting around saying you... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: i am 15 years old and my mom put a restraining order against my aunt so she could no longer see me how do i remove it
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

You can't! Only your mom can ask the court to dismiss it.

1 Answer | Asked in Domestic Violence and DUI / DWI for Oklahoma on
Q: If on probation for DUI, & a person gets charged with domestic violence and abuse. What will happen to the person?
Paul Stanko
Paul Stanko
answered on Sep 21, 2016

You can have your probation revoked for committing another crime while on probation. Jail time is a likelihood.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If i got domestic violence charge 9 years ago and i just another one yesterday is it a felony
Craig M. Hoehns
Craig M. Hoehns pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2016

In Oklahoma, the answer depends on what happened with the prior charge as well as what the current allegations are in your new case.

If the previous case resulted in a conviction (time to serve or a suspended sentence), then the current allegation can be charged as a felony.

If a...
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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can my husband get arrested fo abuse if I say he didnt do anything?

I have an ugly bruise from a fall on my a rm and the cops have been told he did it by a neighbor. Can they still arrest him

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 9, 2015

Yes, probably, because that would amount to probable cause.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: I been charged with crime 6yr ago I Need license to work as private Investigator ( unarmed) what I need to do
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

You need to get your record expunged. However, the process is not automatic. You should consult with an attorney.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the statue of limitatin on domestic assualt in oklahoma
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

Many different types of conduct can constitute "domestic assault." For most misdemeanors and felonies, the statute of limitations is 3 years. However, the limitations period can be up to seven years. Time you spend outside of the state does not count toward the limitations period. If... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the term for a protective order in Oklahoma?
Howard Berkson
Howard Berkson
answered on Dec 3, 2013

Protective orders can be quite short or they can last a very long time. You would have to look at the order, itself. You should be able to get a copy of it from the clerk of the court in the county where the order was made.

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