Oklahoma Domestic Violence Questions & Answers
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?
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 »
Q: Can a wife that's 100% disabled and requires aid and attendance be charged with care giver neglect of her husband
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.
Q: Can a da verbally subpoena a witness to testify in a domestic violence case over the phone in the state of oklahoma?
No. Subpoenas must be served upon a person to appear in Court on a specific date and time.
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
No uou came voluntarily
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?
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... Read more »
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?
Can who do a home visit? and for what purpose?
Q: Can you be prosecuted without the victim or witness?
Succinctly... yes
Q: Accused of domestic a&b.family feud between sisters.victim had me watch her baby for 3 weeks and then talked crapthenwe
You need to hire an experienced criminal defense attorney.
Q: How can I file for a motion to dismiss
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.
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.
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 »
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 »
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 »
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 »
Your exhusband is now a sex offender. He received 10 years of probation. (2 years supervised and 8 years unsupervised)
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 »
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.
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
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.
Q: Can someone else fill out a protective order for me to sign?
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.
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 »
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.
Q: When will I receive a check for testifying as a witness during a preliminary hearing in Oklahoma?
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.
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 »
This is not prosecutorial misconduct.
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 »
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
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
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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