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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have proof of abuse with videos, but I can’t get them admitted into evidence. What can I do?

My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.

Pete David Louden
Pete David Louden
answered on Sep 18, 2023

The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.

Best of luck!

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was never served a e.p.o. paper never arrested or questioned why do I have felony warrant now issued? From state
Tracy Tiernan
Tracy Tiernan
answered on Sep 5, 2023

Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: If a mother filed charges on the father for child abuse with injury and decides to drop the charges what are the

consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?

Tracy Tiernan
Tracy Tiernan
answered on Mar 28, 2023

This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Native American Law for Oklahoma on
Q: My mother was murdered June, 2021. It was ruled a suicide within minutes. A Mcgj investigation is ongoing? My rights?

My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More

James L. Arrasmith
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answered on Mar 16, 2023

I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If I ignore a subpoena, will I get in trouble? I wasn't there but I was the one who called 911.

Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.

Tracy Tiernan
Tracy Tiernan
answered on Dec 15, 2022

What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Oklahoma on
Q: First offender but it's for threaten to perform a act of violence to a police officer. Can they ask to be sent to rehab?

They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.

Tracy Tiernan
Tracy Tiernan
answered on Oct 4, 2022

Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a supeona to testify against my husband in a domestic case. Do I have to do it? I'm not wanting to.
David A. Cincotta
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answered on Sep 19, 2022

If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can a plaintiff violate their own protection order if the defendant has not been served

Oklahoma Emwrgency exports order

Tracy Tiernan
Tracy Tiernan
answered on Jul 3, 2022

The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: If a victim suspends a protective order for a day to attend a family function should the order be thrown out
Pete David Louden
Pete David Louden
answered on Feb 28, 2023

A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.

Best of luck!

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: domestic ASSUALT AND BATTERY DO i NEED A LAWYER OR CAN I REPRESENT MYSELF
Charles Watts
Charles Watts
answered on May 12, 2022

You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can you get your firearm rights back after completing a deferred adjudication for domestic violence?

I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?

Tracy Tiernan
Tracy Tiernan
answered on Apr 4, 2022

A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If I am a victim of domestic abuse and have been subpoenaed can I plead the 5th when asked to testify?
Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... View More

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I have a 2013 conviction assult an battary on minor now have charge of a&b in presence of minor will 2013 against new 1.
Tracy Tiernan
Tracy Tiernan
answered on Nov 14, 2021

We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a lawyer represent the "victim" in a VPO case, and turn around and represent a defendent in a domestic case against

My ex girlfriend filed a VPO against someone else. The lawyer I hired for her on that case turned around and represented me in a domestic case against her. Is that a conflict of interest?

Charles Watts
Charles Watts
answered on Oct 21, 2021

This is a fine line. If the lawyer obtained information about her during her case, and is now using that against her, then that would be a conflict. If there was no information gathered then it is probably not. Again this is a fine line, and most lawyers would steer clear of it. If you truly... View More

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: pro se what can be filed post judgment protective order if the victim keeps contacting them by Facebook?

Alleged victim filed a report In a different county making false allegations and misrepresentations of her protective order to an officer that caused defendant to be arrested and charged for violation of protection order. Eventually defendant proved there was no probable cause so prosecutor... View More

Anna L Self
Anna L Self
answered on Oct 5, 2021

I don't know any similar case examples. If there is new evidence that there was no victim, you can file a Motion to Vacate the Protective Order.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... View More

Charles Watts
Charles Watts
answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

View More Answers

1 Answer | Asked in Child Custody and Domestic Violence for Oklahoma on
Q: If a judge granted a protection order knowing venue was in another county 22-60.3(D) is the default judgment void?

a paternity/custody case was pending between two parties when the mother filed for a protective order in another county. At the final hearing the judge set a review hearing con't the emergency order and transferred it to the county with the pending case. The judge there wouldn't hear the... View More

Pete David Louden
Pete David Louden
answered on Sep 7, 2021

It appears this question has been asked and answered on this site and others. The answers appear to be consistent. Please refer to previous answers.

Best of luck!

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Oklahoma on
Q: Is a motion to hear new evidence how you get a judge to rule victim abused a protection order Okla Statute 22-60.9E ?

the victim made false allegations, omitted exculpatory evidence, and presented a materially altered protection order to a law enforcement officer to effect an arrest. The first chance Defendant talked to public defender he had him talk to the DA about the exculpatory evidence that negated their... View More

Charles Watts
Charles Watts
answered on Sep 7, 2021

Based on that, you need to hire an attorney and let them go through your case to determine exactly what has happened, and your best course of action to move forward.

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