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.
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 »
answered on May 3, 2021
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 »
answered on May 3, 2021
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
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.
answered on Mar 28, 2021
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
