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 »
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!
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 »
If the defendant appeared in court then the court now has personal jurisdiction and service is made.
A crime should be reported as soon as possible to preserve the evidence.
charged with those offenses, but the accuser willingly and voluntarily dropped all accusations and refused to press charges against said abuser. Can those same accusations be brought back up 3 years later as evidence used in obtaining an Emergency Order of Protection being granted? Or are those... Read more »
From what you've described, they can still be brought up. They're certainly not "void."
Victims don't have the choice about "pressing charges." Rather, that's the prosecutor's call. The victim can recant, fail to cooperate, etc. But it's the prosecution's choice whether to press charges or not.
A judge in creek County ordered a emergency protective order to be transferred to tulsa to be heard in conjunction with pending FP case due to minor child listed. Creek County judge then sets a review date to be back in his court 90 days from then. Petioner never set a hearing in tulsa. Tulsa... Read more »
Combining a VPO with a paternity or divorce case is common. After the cases were consolidated, was a hearing set (by either party) to address both matters in the paternity case?
Did the parties have attorneys or was this a pro se deal gone wrong?
Plus his ex at the time came and rammed my truck so that was stress too
You would need a civil litigation attorney (like myself).
Or do the charges remain active. I can make my case on that she lied about the protective order thats why she petitioned to vacate.
Dismissal of the protective order does NOT dismiss pending criminal charges. You should retain an experienced criminal law attorney to represent you in that case.
I have the support from a cop and his wife that i lived with last time my dad was on drugs. i also have audio clips of him hurting my step mom. i just don’t want me or my baby around him
I am so sorry to hear you are in this position.
Minors who are 17 can, if they are able to support themselves financially (and other considerations) petition the court for emancipation. That is a process where the court does what is called “grants rights of majority.” Essentially, the... Read more »
I was the victim of a domestic assault. He was arrested and I was taken to hospital. My kids were not present and we were no longer living with the abuser. DHS has gotten involved, can they take my kids if I don't want to testify or press charges?
This is tricky.
First, I'm so sorry that you were treated this way by your abuser. It's a lot to go through.
It is possible that DHS could investigate you for "failure to protect" if your children have been around any domestic violence - but especially if you... Read more »
Yes however by waiting that long a lot of physical evidence will be gone and therefore a lot of what the DA would need to prosecute won’t be of record. However, waiting is often common because in domestic issues there is usually an element of fear if they file charges, so it is still worth filing... Read more »
can I say that the details are foggy or I don't remember exactly what happened that night even though I have written a statement the night that it happened and not get in trouble?
The cannot prosecute you for not testifying. You have to show up if you are subpoenaed, but they can't force you to testify. There is literally a statute that prevents them. You can always tell them that this was a misunderstanding and you do not want to testify.
February 2020, a situation arose, I never called the police, my adult son did. Partner was arrested and charged with kidnapping me. I didn’t want to press charges, but I did under pressure from my son. I went to the DA’s office a few days later and told them I wasn’t going to testify. I have... Read more »
This is a very difficult situation for you. It’s also an incredibly common situation in most domestic violence cases where the alleged victim doesn’t want to put daddy or boyfriend or family member or roommate in jail or prison. Well, you certainly COULD get arrested for a misdemeanor... Read more »
He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »
stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »
NJT is likely short for non-jury trial. Assuming that is correct, what it means is that the case set for a trial before a judge only, where the judge will not only decide the law but also rule on the facts, weigh credibility of witnesses, etc. From what you provided, there is no indication that a... Read more »
I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.
First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges... Read more »
Me with my testimony at my second jury trial. Who do I go through to get the whole transcript for my first trial
The court appointed attorney should be able to get you a copy of the transcript.
My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »
If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are... Read more »
Can you get your child back after there is a false accusation of abuse to your child by your fiance
Whoever is accused of abusing a child needs to hire an attorney right now and not make any statements to anyone without an attorney. Where many people go wrong is they wait too long to get help and end up with a mess an attorney may or may not be able to clean up. Get help now.
Charges are assault by strangulation, domestic violence, interrupting a 911 call and avoiding the police, dhs is involved and I feel like I'm gonna lose my intimate partner and child and I cant do it, if that happens I wont be able to go on in life if I lose my child, I need a way for me to... Read more »
At this point it sounds like you need to do two things:
1. Your partner needs a criminal defense attorney right now to fight any criminal charges.
2. You need a family law attorney to help you with DHS, now.
Where many people go wrong is they wait too long to get help. Do... Read more »
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