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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Ongoing domestic violence court case against intimate partner and I do not wish to testify, legal punishment for me?

Domestic violence case, this is a preliminary hearing, I want the charges dropped, we have a daughter together but shes not with me or him, shes with my mother and that i have to be served papers and if they dont then his charges will be dropped and so far no papers at all have been served to me at... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 28, 2020

You are correct, the DA cannot charge you or in any other was threaten you to testify if you are the victim. With that said, that does not prevent DHS from opening a case. This happens more than it should.

The service of a subpoena is not the real issue. The issue is your willingness to...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was intimidated and threatened by my ex to call the da’s office and drop charges against him for choking me.

I made the call out of fear. However I do truly wish to proceed with pressing charges. Should I call the da’s office back and tell them what’s going on?

Andrea Worden
Andrea Worden answered on Sep 8, 2020

Many DA's offices have "victim/ witness" departments to answer these types of questions.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?

Brian Boeheim
Brian Boeheim answered on Sep 6, 2020

If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What law is broken when a defendant fails to adhear to the conditionds of their bond?

In a domesric a and b defendant makes bail but as a condition he is to have no contact with victim . but does anyway until she files a PO that he violates then bonds out on violation. With same bond conditions . and disregards them.

Brian Boeheim
Brian Boeheim answered on Jul 21, 2020

If the Defendant fails to follow the court's ordered conditions of bond, then the Judge may increase the bond, or place the defendant in jail held without bond until the case is completed.

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Does a P.O. cover the plaintiffs children?

My granddaughter has a P.O. against her ex boyfriend for domestic violence. They have twins together. She wants to enroll them in school. The school insist that the fathers name has to be on the list of who can pick them up.

Pete David Louden
Pete David Louden answered on Jul 9, 2020

It depends on if the children are listed on the protective order.

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1 Answer | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: My mom was given a vacat order by her sinificant other of 20 years plus. He continues to stay in the house with her. He

He is rude and goes to his girlfriends then comes in and gets in bed with her. She has been sick and her immune is low. Mccurtain county has had 500 caronivirus in the last 2 weeks. They 5 the in the state now by county. Can he not be told to stay away till we can move her. We still have 24 days

Brian Boeheim
Brian Boeheim answered on Jul 6, 2020

I am confused on what the relationship is between your Mom and this guy. I would like to look at the order to vacate, seems funny to me. Seems like she either would have to get out immediately as a trespasser, or she has some possessory rights? I don't think an eviction should stand based... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: was arrested on a warrant. I wasnt told my Miranda Rights nor shown the warrant. And publicly humiliated plz help

Details are as needed cause It is hard to describe everything is this little area.

Pete David Louden
Pete David Louden answered on Jun 27, 2020

One of your most important rights is the right to remain silent. This means do not talk about your case with anyone other than your attorney and stop posting details of your case on the internet!

Delete your question and hire a criminal defense attorney right now!

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim's name is wrong on a VPO is it legally binding/valid?

On August 12, 2016, my girlfriend at the time/mother of my child whom I had lived with since 2010, filed a protective order against me following an argument. I was served on August 17, 2016 and an EPO was issued. I stayed at a friends house for 2 days and she came and picked me up. I was at home... Read more »

Brian Boeheim
Brian Boeheim answered on May 18, 2020

The slight name error is not an issue and will be overlooked as what is called a scrivener's error by the court. What is in place is a Protective order (PO), not a VPO, which stands for Violation of Protective Order. As the person asking for the protective order, she cannot violate the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: How long does the DA have to press charges for domestic assault if the other person didn't press charges?

The police came to my home in February of 2020 due to an argument my girlfriend and I had. I was not arrested and she did not press charges nor file a protective order against me. Everything has been fine since then. On May 12th 2020, my girlfriend received a letter in the mail naming her as a... Read more »

Brian Boeheim
Brian Boeheim answered on May 18, 2020

Hire a lawyer! Don't make any statements to anyone, especially the police. Do not ask you girlfriend not to testify, because that could be construed as witness tampering, or intimidating a witness. The DA has 3 years to file charges. They also don't need your girlfriend's... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What can I do to get charges and a warrant dropped against my boyfriend that I didnt want pressed.

We had an altercation to which I went to the hospital and was pushed to put a protective order against him by the advocate. I asked the detective to help him as he just lost his gma and broke his neck in a car wreck and was out of his mind quite literally. The protective order was dismissed with a... Read more »

Brian Boeheim
Brian Boeheim answered on May 7, 2020

They cannot force you to testify. Oklahoma statue prevents the prosecutor from holding the victim of a crime liable. They may still subpoena you, and you have to show up, but you do not have to testify. You should hire an attorney for your boyfriend right away to get ahead of this. You want to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: can Dhs order my girlfriend to obtain a protective order because of a police report?

No physical violence took place and I was not detained I have felonies involving a domestic case from 2017

Brian Boeheim
Brian Boeheim answered on Mar 11, 2020

They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My husband was charged with domestic assault and battery in the presence of a minor, i am the “victim”...

My husband and I are in the process of moving out of Oklahoma to a different state for work. This is a very stressful time for my family. My husband and I got into a argument about him finding work down here so we didn’t have to move. I said some mean things about his work ethic out of anger and... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 15, 2020

If no one else was there to witness this altercation, and you weren't in the midst of the emotion of the moment on the 911 call, then it all hinges on whether you are going to testify against him. You can call the victim's advocate and the ADA handling your case for the DA's office... Read more »

1 Answer | Asked in Domestic Violence and Divorce for Oklahoma on
Q: Protective order violation?

If the person the protective order was filed against is in a building and the person that filed the PO parks right behind that other persons car and tries to come in, is that a violation?

Employees at the building had to tell the filer that they couldn’t come in. The filer is VERY aware... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

The person who files a protective order cannot violate the protective order. The rule of thumb is the person who has the protective order filed against them must leave the premises if the person who was granted the protective order enters. With that said, if you have reasonable evidence that the... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a DA drop a misdemeanor domestic abuse charge? If so what does that even drop to? Will he even be punished?

I was involved in an assault by a boyfriend where I had to jump out of the vehicle in order for him to let me go, then he got out of the vehicle dragging me, I called the cops they came out took photos etc. They took him into custody when I stated I wanted to press charges. The detective on the... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

When you file a police report, it does not automatically mean the charges will be filed. The reality is that is up to the District Attorneys office. It is a fallacy that you can press or drop charges. That is purely up to the DA. You can be willing or unwilling to testify. I don't know... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma if a petitioner doesn't appear in court for protective order will it be dismissed?
Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

In most cases, yes. If they call ahead and have a very legitimate reason for missing, I have seen judges reschedule. If there is a criminal case pending, it may be continued to trail the criminal case.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oklahoma on
Q: My husband has left the home he was the main income for the family my name is on the deed what are my options?

He removed all his property and me and the kids in the home - he stated he would sue me if I rented or sold home - but I don’t make near enough to support all bills- options? Suggestions? He has been moved out since 12-24-19 this isn’t the first time he’s also been abusive knowing I can’t... Read more »

Doak Willis
Doak Willis answered on Jan 8, 2020

You must borrow the money to hire an attorney to help you get a divorce and support.

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: What kind of questions will DHS in Oklahoma ask when they make a visit to a house. It's a first offense?

Cops got called to a domestic fight and found out that a small child lived in the home. Th cops arrested the dad and told the mom that they had to get DHS involved.

S. Douglas Elliott
S. Douglas Elliott answered on Nov 23, 2019

You could be looking at the possibility of DHS filing a deprived petition and your children being placed in DHS custody. You better go at least talk to a lawyer that handles these types of cases to discuss the details.

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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma in a domestic case can it be dismissed the same day it was filed if the defendant was incarcerated overnight
Brian Boeheim
Brian Boeheim answered on Nov 11, 2019

A criminal case may be dismissed at any time. Normally, they won't file to just turn around and dismiss. The overnight incarceration doesn't normally have anything to do with the dismissal. There seems to be more to this question. If you would like to discuss it further, please feel... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?

Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 29, 2019

Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.

1 Answer | Asked in Domestic Violence and Child Custody for Oklahoma on
Q: With no evidence of abuse and claiming to sit down in front of lawyers to redo a court order, can this article be used?

Plaintiff wants to sit down and talk to lawyers instead of going back to court but using this article to prevent pick up from defendant. Can it be legally used even with no evidence of abuse?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

I'm not sure what article you're referring to or what Court Order is being "re-done" based upon the information you provided. It is hard to answer your question specifically with this info. However, I would always suggest that you never agree to anything, or sign anything... Read more »

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