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 »
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 »
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?
Many DA's offices have "victim/ witness" departments to answer these types of questions.
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?
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 »
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.
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.
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.
It depends on if the children are listed on the protective order.
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
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 »
Details are as needed cause It is hard to describe everything is this little area.
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!
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 »
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 »
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 »
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 »
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 »
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 »
No physical violence took place and I was not detained I have felonies involving a domestic case from 2017
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
You must borrow the money to hire an attorney to help you get a divorce and support.
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.
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.
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 »
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 »
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.
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?
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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