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Oklahoma Domestic Violence Questions & Answers

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on

Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on

Q: Can a wife that's 100% disabled and requires aid and attendance be charged with care giver neglect of her husband

Doak Willis answered on Jun 30, 2019

Yes if the facts show that the wife indeed neglected her husband. Being 100% disabled does not stop someone from possibly committing such a crime.

1 Answer | Asked in Domestic Violence for Oklahoma on

Q: Can a da verbally subpoena a witness to testify in a domestic violence case over the phone in the state of oklahoma?

Doak Willis answered on Jun 27, 2019

No. Subpoenas must be served upon a person to appear in Court on a specific date and time.

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on

Q: I came from NM to Oklahoma with a guy he promised to send me home when I wanted to leave. He refuses now to send me

Can he be held for kidnapping

Gary Kollin answered on May 15, 2019

No uou came voluntarily

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on

Q: Can I legally move out of state with my child to get away from domestic abuse?

My sons father has been emotionally, mentally and at times physically abusive. I'm wanting to move out of state to be with family to get my life back but I do not want to risk losing my son. I need to be with my family and away from his father, but does that mean I have to lose my son?

Kyle Persaud answered on May 9, 2019

No. You can move out of state without losing your son.

The rules for a parent relocating are as follows:

If either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of the minor child of the parties over...
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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: Hubby is in Anna McBride program and in rehab. Can they do a home visit while he's gone?

He's at the VA hospital in Leavenworth,Kansas for the next four months. He told me that just because he's gone that the woman that runs the program and the compliance officer could still come do a home visit/search while he's gone. Wouldn't that be harassment since he's not here?

Keegan Kelley Harroz answered on May 6, 2019

Can who do a home visit? and for what purpose?

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: Can you be prosecuted without the victim or witness?

Frank A. Urbanic answered on Apr 9, 2019

Succinctly... yes

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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on

Q: Accused of domestic a&b.family feud between sisters.victim had me watch her baby for 3 weeks and then talked crapthenwe

Keegan Kelley Harroz answered on Jan 31, 2019

You need to hire an experienced criminal defense attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: How can I file for a motion to dismiss

Keegan Kelley Harroz answered on Jan 29, 2019

DO NOT try to represent yourself. In criminal cases most judges will require you to hire an attorney. You need to hire an experienced criminal attorney to help you with this case.

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1 Answer | Asked in Domestic Violence for Oklahoma on

Q: Can a deferred sentence be reduced over time?

My husband has a 7 year deferred sentence. He has done one year so far. He has all his fees paid off and only has 3 more classes left that we're court ordered. I was just wondering if it was possible to get his sentence reduced anytime.

Doak Willis answered on Jan 21, 2019

There is a method of reviewing his sentence but can only be accomplished with the consent of the District Attorney at this point. It would take hiring a good criminal defense attorney who could possibly get the DA to agree. At that point the attorney could file the paperwork to get the case back in... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on

Q: What is the procedure in court for a domestic violence an b by strangulation by strangulation isnt right

The police officer had made a statement that I had marks on my neck I said I dont think he chokes me she said there are marks on ur neck and took pics and it was put in report that he choked me I have mad a written statement to the fact of what happen what is process now and will they drop the... Read more »

Doak Willis answered on Dec 30, 2018

You should go to the District Attorneys office where the charges were filed and speak to the assistant D.A. who has been assigned the case. You need to clear up your statement that you made to insure that indeed you told the investigator that you don't think the person charged choked you. You... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: My ex husband was charged with abuse of child sexbc in violation of 10 O.S. 7115. What does this mean?

He was sentenced to serve 10 years provided entire term be suspended upon good behavior ordered 50 hours of community service. States will not have custody or unsupervised visitation with his two minor children. Was supervised by Payne county for 2 years. Court advised the defendant of his appeal... Read more »

Keegan Kelley Harroz answered on Dec 27, 2018

Your exhusband is now a sex offender. He received 10 years of probation. (2 years supervised and 8 years unsupervised)

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: If a child's name is listed as a minor family member on protection order does does no contact apply to child as well?

A protection order has a blank line for petitioner's name and under it says "and on or behalf of minor family members". To the right it says list additional minor family members:

Child's name is listed on the right. But not on the left under "on behalf of". On OSCN.net i've seen that show... Read more »

Keegan Kelley Harroz answered on Dec 24, 2018

If the child is included on the ORDER and the order does not specifically allow contact, then yes, the no contact order applies to the child.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: I asked a judge for Discovery at a protective order hearing he said I could not do that.. how can I defend myself then..

She had a huge stack of papers she was calling proof...how can I defend myself if I don't know what I'm being accused of or what evidence she has.. or if that evident was a pain while we were still married there for making it privileged

Keegan Kelley Harroz answered on Nov 19, 2018

The law says that you are held to the same standards as a licensed attorney if you choose to represent yourself. The judge is prohibited from giving you any legal advice and cannot tell you how to get what you need. You should hire an attorney to assist you in your case.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: Can someone else fill out a protective order for me to sign?

Stephen LeRoy Cale answered on Sep 22, 2018

Yes. There is nothing wrong with that. Many times a domestic violence intervention worker in some counties will fill out the paperwork for you to sign. Keep in mind that you are signing the document under oath. Make sure the content is correct before signing it.

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2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: Can they press domestic charges against my s/o with witness accounts only. having never seen me or me talked me?

There was a one sided domestic dispute between my s/o and I. My daughter was in the car and it took place outside the vehicle. Two strangers saw the incident called the police. A react van happened to stop took my dL info then asked me questions but all I said was I'm fine I'm okay. Then we went... Read more »

Pete David Louden answered on Aug 17, 2018

If you are asking if eye witness testimony can be used in a domestic violence proceeding, the answer would be yes. If there is sufficient evidence of a crime the DA can file criminal charges.

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1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: When will I receive a check for testifying as a witness during a preliminary hearing in Oklahoma?

Gary Johnston Dean answered on Jul 25, 2018

If you have received a subpoena, you should check in with the court clerk's office, and fill out a form for the fee and vehicle mileage.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: DA filed Burks notice about a past incident never reported to polic but there is one. Is that prosecution misconduct ?

In DA's statement of facts on my brother to support probable cause the DA exaggerates what victim reported to police about a domestic assault committed by my brother on the victim 5 yrs ago that makes him seem abusive, how it wasn't reported to police, and that she continued to stay with my... Read more »

Keegan Kelley Harroz answered on Jun 18, 2018

This is not prosecutorial misconduct.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on

Q: I got into a physical altercation with a friend resulting in self defense but the friend pressed charges that I cause it

I was helping her out by letting her stay with me due to her being homeless. She started a fight with me striking me several times before I eventually struck her back. She told the police that I beat her up on purpose about money without mentioning she started. Now im charged with domestic abuse... Read more »

Gary Johnston Dean answered on Jun 13, 2018

The DA won't help you. You need a lawyer. If you truly can't afford one, apply for a court appointed one. You do NOT want a conviction for this on your record. Good luck

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1 Answer | Asked in Domestic Violence for Oklahoma on

Q: Must a victim agree to file charges for domestic abuse or can the police file on their own?

Police were called by third party who witnessed and they gave statements saying they saw the abuse. Victim confirmed abuse but no arrest was made that night, victim left to stay with extended family. This also took place in front of their minor child

Stephen LeRoy Cale answered on Jun 9, 2018

The victim does not have to agree. The police will turn in a report to the district attorney's office, who will decide whether to file charges.

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