Oklahoma Questions & Answers by Practice Area


Oklahoma Questions & Answers

Q: what is the penalty for first time identity theft charges?

1 Answer | Asked in Criminal Law for Oklahoma on May 18, 2015

Answered on May 19, 2015

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Julie Rendelman's answer
It depends on what the specific counts are that she was charged with.

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Q: How do I find medical malpractice claims cases against a physician in oklahoma?

1 Answer | Asked in Medical Malpractice for Oklahoma on May 15, 2015

Answered on May 19, 2015

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John M DeProspo's answer
A Google search of the doctor would be a good place to start.

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Q: I fell in the yard on wet grass and had to have surgery on my shoulder, Is the city liable if the leak was on their side

1 Answer | Asked in Injury Law for Oklahoma on May 19, 2015

Answered on May 19, 2015

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John M DeProspo's answer
Sounds like a very difficult case. You need to contact a personal injury lawyer right away for a free consultation. Cases against a city generally have a short statute of limitations.

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Q: My son was in a car wreck and hit by a drunk. He is 16. When case is settled. Is it by law it go in trust fund?

1 Answer | Asked in Car Accidents for Oklahoma on May 18, 2015

Answered on May 18, 2015

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John M DeProspo's answer
Yes, in most states a minor cannot directly receive money from a personal injury settlement. The settlement normally has to be approved by a judge and the judge directs that the money be placed into a trust account until the minor turns 18.

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Q: My then boyfriend was deported in 2010 on a Dwi he came back 4 months later we had a baby in 2011 got married in 2014

1 Answer | Asked in Immigration Law for Oklahoma on May 7, 2015

Answered on May 9, 2015

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Camlinh Nguyen Rogers' answer
Seek for opinions from an experienced immigration attorney. Good luck. www.aba-us.com

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Q: Auto insurance doesn't want to pay the whole amount

1 Answer | Asked in Car Accidents for Oklahoma on May 1, 2015

Answered on May 5, 2015

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John M DeProspo's answer
If the other insurance company does not assume full liability, your best course is to file the claim through your insurance company. Yes, you will have to pay the deductible, But your insurance company will try to get reimbursement from the other company. If they collect 100% of the loss, you get back your deductible.

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Q: I would like to get a divorce, I'm disabled only soc security for income and he draws workman comp and soc security als

1 Answer | Asked in Divorce for Oklahoma on Dec 9, 2014

Answered on Feb 4, 2015

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Timothy J. Pickens' answer
The bankruptcy action does not necessarily preclude you from filing for divorce. You will need to consult with an attorney familiar with family law and bankruptcy statutes in your area. It is possible for you to obtain permission by the bankruptcy court to receive some form of financial assistance from the bankruptcy estate as you go through your divorce proceedings.

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Q: Court order states that I must pay my ex money in 120 days.120 days from the judgment or 120 days from when we filed?

1 Answer | Asked in Divorce for Oklahoma on Nov 21, 2014

Answered on Feb 4, 2015

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Timothy J. Pickens' answer
You should bring your document to a trusted attorney for them to review, specifically after checking the court docket for the court's corresponding minute order. The time usually starts ticking when a family court judge conveys an order. That is, when the order is verbalized to you by the Judge, even before it is entered in the record by the court. The verbal order gives you constructive notice and the verbal order is usually written and entered as a minute order by the court clerk. The...

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Q: My husband refinced our house after we we were married. My name is on deed at the court house. Do I have any rights?

1 Answer | Asked in Divorce for Oklahoma on Jan 2, 2015

Answered on Feb 4, 2015

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Timothy J. Pickens' answer
Is your name on the note and the deed? If your name is on both the note and the deed you have the debt and the equity to consider. If you are only listed on the deed the mortgage holder is more likely to go after your husband if he is the only one on the note. This matter should be discussed with a trusted attorney that is familiar with property division issues.

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Q: If my daughter's father failed to comply with all aspects of the court ruling, Does he still have rights to her??

1 Answer | Asked in Family Law for Oklahoma on Oct 8, 2014

Answered on Dec 1, 2014

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Timothy J. Pickens' answer
On the surface the natural father appears to have some right to visitation, at least until his parental rights are terminated by the court.

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Q: what happens when you file child custody court documents and the father doesn't respond in 20 days of them being served

1 Answer | Asked in Family Law for Oklahoma on Oct 2, 2014

Answered on Dec 1, 2014

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Timothy J. Pickens' answer
You might be able to get your initial temporary orders granted by default.

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Q: Is this illegal in Oklahoma?

1 Answer | Asked in Family Law for Oklahoma on Nov 28, 2014

Answered on Dec 1, 2014

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Timothy J. Pickens' answer
The 17 year old could be classified as an adult, (if she has been working, paying taxes, paying rent... giving birth to a child, raising the child). More information is required before any determination can be made as to whether the 17 year old or her baby might be at risk in this situation.

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Q: My stepdaughter lives with her dad, now she wants to live with her mother and I. How does that work? She is 16.

1 Answer | Asked in Family Law for Oklahoma on Nov 29, 2014

Answered on Dec 1, 2014

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Timothy J. Pickens' answer
A change in visitation can be initiated by filing a motion to modify the existing visitation agreement.

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Q: can a mother get custody of her children after adopting them to her cusions for nine years and signed her rights away

1 Answer | Asked in Family Law for Oklahoma on Oct 28, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
It is unlikely. However, the validity of the adoption and termination paperwork should be reviewed. The defense of fraud or duress could be at issue. You really need an attorney to look at the whole picture.

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Q: Can ex just decide to change what day we use to determine 5th or 1st wknd for visitation after 9 years?

1 Answer | Asked in Family Law for Oklahoma on Oct 22, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
Depends, if you have a joint custody agreement then you probably have a good argument for keeping the schedule as it was.

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Q: I am trying to get full custody of my children

1 Answer | Asked in Family Law for Oklahoma on Oct 29, 2014

Answered on Nov 10, 2014

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Timothy J. Pickens' answer
Yes. You will likely want to file a motion to modify your visitation restriction. if the events causing the supervision have been corrected. That is, in the eyes of the court.

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Q: PLEASE LET ME KNOW WHAT THIS ORDER MEANS FROM A JUDGE.See below for additional details.

1 Answer | Asked in Criminal Law for Oklahoma on Nov 7, 2014

Answered on Nov 8, 2014

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Matthew Williams' answer
This looks like an application to revoke a suspended sentence was filed indicating an attempt by a prosecutor or probation officer to have the sentence imposed. A warrant issued for the arrest of the defendant. A motion was filed (by the defendant or on his or her behalf) to dismiss the application and recall (cancel) the warrant.

It's unclear from what you posted if the motion to dismiss and recall was granted or if the entry simply indicates the filing party included a proposed...

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Q: Can I get revoked for not having a job when I have a disabled child at home and my probation is up in a month

1 Answer | Asked in Criminal Law for Oklahoma on Oct 8, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
If the terms of your probation require you to have employment, then your probation can be revoked for being unemployed. You should speak with an attorney. If money is too tight, check with Legal Aid of Oklahoma.

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Q: What would assault on a disabled person be considered or classified as?

1 Answer | Asked in Criminal Law for Oklahoma on Oct 10, 2014

Answered on Oct 13, 2014

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Howard Berkson's answer
Assault or battery on a disabled person by an able bodied person is probably aggravated assault or battery (or both). See Oklahoma Statutes title 21, Section 646(2).

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