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.
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... Read more »
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.
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... Read more »
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... Read more »
Oklahoma Emwrgency exports order
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... Read more »
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.
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?
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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?
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... Read more »
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... Read more »
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.
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... Read more »
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.
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... Read more »
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!
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... Read more »
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.
answered on Aug 7, 2021
If you’re asking what to do, your friend needs to safety plan with a domestic violence expert. DVIS is a DV provider in Tulsa who can help her. Often, it’s more dangerous to immediately file a VPO or to involve the police without any safety plan at all.
She can also contact the YWCA.... Read more »
My Daughter who is 17 is pressing charges on me, with the advice of her friend and friends mom which is unexceptable,, she doesn't live with me she lives with dad in Talequah and I stay in wagoner,, I can't understand how this is fair or even possible to go on... Please I don't know... Read more »
answered on Aug 1, 2021
First thing is hire an attorney now. Dont wait until later. Do not make any statememts to police or discuss this case with anyone other than your attorney.
DHS took my kids, I've done everything they have asked me to do and they are saying I'm not making progress at all, I've done everything they've assigned me to do and even changed my attitude and behavior and they are still looking at terminating my rights, they wont let me live... Read more »
answered on Jul 13, 2021
You need an attorney. In OKC, they have attorneys on contract that represent parents when DHS is trying to take your kids from you. Contact the juvenile court in Tulsa and see if someone can get an attorney assigned to you if you cannot afford private counsel. Good Luck!
answered on Jun 16, 2021
This is a very complicated questions that involves multiple levels of issues.
Deadlines and how the evidence was obtained, type of case and the judge all just a few variables that can keep evidence out.
I encourage you to contact an attorney to discuss your case in detail as it... Read more »
The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.
Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »
answered on May 20, 2021
If the defendant appeared in court then the court now has personal jurisdiction and service is made.
answered on May 15, 2021
A crime should be reported as soon as possible to preserve the evidence.
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