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Oklahoma Questions & Answers
1 Answer | Asked in Products Liability and Agricultural Law for Oklahoma on
Q: I purchased a package of black eyed peas. After taking a bite, i seen that they had MAGGOTS in them.

I called the store to inform them and I was humiliated when the manager made it out to be a "normal occurence" After several weeks of me trying to handle this on my own, their insurance company denied any claim and hung up on me. I also received a email with her explaining this.... View More

Tim Akpinar
Tim Akpinar
answered on Oct 30, 2024

An Oklahoma attorney could advise best, but your post remains open for three weeks. I'm sorry for your ordeal. Unfortunately, it will probably be difficult to find a law firm that would be interested in this matter. Although you are genuine in the harm you experienced, law firms will not... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Products Liability and Native American Law for Oklahoma on
Q: How do I begin to file with the tort act claim?

It's a hard case because this is the tribal casinos, although I am a tribal member of another tribe. I file a sexual harassment with the HR then I was punished and transferred to another one my benefits started over and the only available shift was 11pm-7am and a no contact agreement was... View More

James L. Arrasmith
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answered on Oct 12, 2024

Starting a tort claim can be complex, especially within a tribal jurisdiction. Begin by gathering all your documentation, including complaints you filed, any correspondence, and evidence of retaliation or harassment. This information will be crucial for your case.

Next, you should reach out...
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1 Answer | Asked in Uncategorized for Oklahoma on
Q: My church wants to house a roofing company for 90 days. Is that a violation of the 75 day temporary definition?
James L. Arrasmith
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answered on Oct 14, 2024

It sounds like you're concerned about whether housing a roofing company for 90 days violates the 75-day temporary use definition. This is an important question to address to ensure you're in compliance with local regulations.

If the definition of temporary use in your area is...
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1 Answer | Asked in Civil Rights and Criminal Law for Oklahoma on
Q: Do police in oklahoma have to have body cam footage of incidents or arrest

My girlfriend and I was pulled over by a obn interdiction officer he said she crossed the fog line a little when she changed from middle lane to outside which she didn't but okay he said for her to come sit in his vehicle to give her a warning she was back there for at least 10 min saying his... View More

James L. Arrasmith
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answered on Oct 11, 2024

In Oklahoma, body camera policies vary by police department. Not all agencies are required to use body cameras for every stop or arrest. Some departments may have specific guidelines about when cameras must be activated, while others might not use them routinely.

Given your situation,...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What if police officer lies in a report to make traffic stop seem lawful
Tracy Tiernan
Tracy Tiernan
answered on Oct 10, 2024

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the...
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1 Answer | Asked in Real Estate Law and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters' rights even if house is in my name?

Five years ago, my grandmother "sold" me her house for $5 to get it out of her name and avoid probate if she were to pass because she wants me to have it. She's continued to live in it though I pay all property taxes, etc. Recently she's let my cousin's son who is 16 move... View More

Anthony M. Avery
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answered on Oct 9, 2024

Hire an OK attorney to determine potential heirs. Those actual heirs have a right to occupy the premises, and sue for possession from anybody else.

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

1 Answer | Asked in Contracts and Real Estate Law for Oklahoma on
Q: Breach of contract rent to own or similar type contract. Need help with many questions I have

Paid off house and land 25k was supposed to get deed upon payoff but seller stopped returning my calls and disappeared completely. Two months later house was transferred to new persons name and they are attempting to remove me. House previously owned by a married couple and I dealt with the... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to contact an attorney to get your answer because there are many different factors along with reporting and filing of deeds and other things. You "may" have a claim for a quiet title action, but you may not.

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2024

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a...
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1 Answer | Asked in Civil Litigation for Oklahoma on
Q: Need controlling Oklahoma case law on Service of Process under 11 OS 42-103. Publication 30 days prior to Hearing

I filed Pro Se Application to Vacate Public way. 11 OS 42-102. Court must hold hearing "within 60 days". I complied with all requirements for Service of Process in Civil Actions (Oklahoma). Problem: city was unable to get thru their steps in order to file a (favorable) Answer by the Court... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Hire an attorney to assist you to do everything in order to guidelines and procedures. In the alternative, since this is a 'friendly suit' you can always get with the opposing side to work out some of the details such as these and file an agreed order.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Oklahoma on
Q: When my grandmother passes will my underage cousin living with her have squatters rights even if house is in my name?

Grandma put her house in my name 5 years ago. Sold to me for $5 to get it out of her name. She still lives there but she wanted to make sure I get it when she passes. Now she has my cousin's son living with her there though (He's 16) and I know they're going to argue when she passes... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

If he has permission to be there, then he would have to be removed like any other person who had a legal right to be there. You would have to evict them from the property. Since he is there by permission, the 'squatters rights' or ownership by adverse possession is defeated - he will... View More

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1 Answer | Asked in Estate Planning, Family Law and Native American Law for Oklahoma on
Q: What do i need to do to claim my daughters dad's belongings from his brother after he's been deceased for two yrs?

For 13 yrs my daughters dad and i lived together as a marred couple. 7yrs ago his health took a turn for the worse. He was placed on dialysis at home at first and then into a facility later. I was a good candidate for him to have one of my kidneys. So, I started working on meeting all the goals for... View More

Charles Watts
Charles Watts
answered on Oct 7, 2024

Your question is not one that can be answered in this forum with a simple do this or do that. Based on your specific question, you will most likely be working in tribal court first. Contact an attorney who is on the bar of that nation for more specifics on your case.

1 Answer | Asked in Constitutional Law for Oklahoma on
Q: Can I restrain a neighborhood child until police arrive if he attempts to attack me?

A small (maybe twelve years old) child in my neighborhood has been bullying my child and wife and other neighborhood children. My wife told him to stop and he refused claiming he could hurt whoever he wants. More than likely this is just the rambling of an immature kid. However if he were to... View More

James L. Arrasmith
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answered on Sep 29, 2024

If a child attempts to attack you, you can restrain them to protect yourself or others from harm, but only use the minimum amount of force necessary. You are allowed to protect yourself under the principle of self-defense. However, your restraint should be limited to preventing further aggression... View More

1 Answer | Asked in Tax Law for Oklahoma on
Q: If the property taxes were not paid in four years, can the property be sold? Or do I still have time to pay taxes on it
James L. Arrasmith
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answered on Sep 30, 2024

If property taxes haven’t been paid in four years, the local government may begin the process of selling the property to recover the unpaid taxes. The timeline and rules vary depending on where you live, but most jurisdictions have a process in place for tax delinquency, which could eventually... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: What happened when a highschool boy assaulted his girlfriend

Both are in high school... Both 17.... Left bruises and bite marks

Tracy Tiernan
Tracy Tiernan
answered on Sep 28, 2024

Unfortunately, you have provided us with precious little information that would enable us to give you a learned answer or any meaningful direction.

In simplest terms, an assault and battery has taken place. Perhaps it was mutual combat. But, a boy and a girl in a fight will typically result...
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1 Answer | Asked in Family Law for Oklahoma on
Q: If my kids were taken by DHS from their mother due to her mental instability what can I do as a father?

DHS was called on the mother of my 2 kids today it was found To be mentally unstable so DHS didn't like his. Me and the mother are not together nor do we live together. Being the father of the kids can I go get the kids legally or what do I need to do to keep them

Charles Watts
Charles Watts
answered on Oct 7, 2024

You will need to hire an attorney to assist you with this. Depending on what DHS is claiming, they could also be claiming a failure to protect against you. You need to have this all figured out first before moving forward.

1 Answer | Asked in Uncategorized for Oklahoma on
Q: Does a vote have to occur at a duly called meeting (non-profit) according to bylaws?

Bylaws state a vote of confirmation for hiring a paid "officer" requires 75% approval of general membership but doesn't state when/ how to have a vote.

Bylaw on meeting has instructions on how to call a meeting but not specifically for paid officer votes of confirmation.... View More

James L. Arrasmith
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answered on Oct 10, 2024

You generally need to follow your bylaws when conducting votes, including holding them during duly called meetings. Since your bylaws require a 75% approval from the general membership for hiring a paid officer, it's important that this vote takes place in the manner prescribed by your bylaws,... View More

1 Answer | Asked in Uncategorized for Oklahoma on
Q: How much time is sufficient to offer a patient prior to release from services?

I'm the patient. My psychiatrist released me stating I'm not compliant. I've been at this community mental health facility via outpatient since 2011 I think. I've been utilizing zoom for apt and if papers need signed they bring them in person for that, starting since covid and... View More

James L. Arrasmith
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answered on Oct 10, 2024

I'm really sorry you're going through this difficult situation. It's important to know that mental health facilities must follow specific laws and guidelines when making decisions about patient care and discharge. They are generally required to provide adequate notice and support... View More

1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

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