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Oklahoma Questions & Answers
2 Answers | Asked in Criminal Law, Domestic Violence, Divorce and Family Law for Oklahoma on
Q: Is DA obligated to dismiss protective order violation if used as threat for divorce?

I am facing charges for violating a protective order, but I believe the order was used as a threat to force me into signing a divorce decree, rather than being related to domestic violence. I have text messages from the individual stating that if I didn't sign the divorce decree, they would... View More

Tracy Tiernan
Tracy Tiernan
answered on Nov 9, 2025

That’s a very interesting scenario. I suppose knowledge of this threat to bring a protective order if you didn’t sign the decree wasn’t available before the protective order was granted? That was clearly the opportunity for you to bring it up, which could’ve potentially prevented the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: Is submitting altered lyrics inspired by a song legally permissible?

I am planning to submit a creative writing piece inspired by Lorde's song "Tennis Court" to a contest. My work includes a section heavily inspired by the song’s lyrics, but I have altered it creatively. This is for personal expression rather than commercial use. Would this... View More

Christie Dudley
Christie Dudley
answered on Nov 7, 2025

Great question! I hear this type of question all the time, both from people trying to assert their rights and from people who are inspired by art.

Copyright is more or less literally the right to copy. Does your essay reproduce the song that is the inspiration? Are you copying it to beef...
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3 Answers | Asked in Car Accidents and Personal Injury for Oklahoma on
Q: What steps should I take after an Uber crash in Oklahoma to ensure an injury claim?

I was involved in a car accident on October 16 while riding an Uber on my way to work in Tulsa, Oklahoma. The Uber driver drove into the side of another car, resulting in an accident. My wrist got hurt, and I plan to have it medically examined soon. I have reported the incident to Uber, and they... View More

Tim Akpinar
Tim Akpinar
answered on Oct 25, 2025

My colleagues raise excellent points. I'd add that it could also be helpful to look into whether there was video footage from any surrounding entities. Additionally review the police report and any other determinations of liability. You mention that your vehicle drove into the side of another... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Oklahoma on
Q: What steps should I take after an Uber crash in Oklahoma to ensure an injury claim?

I was involved in a car accident on October 16 while riding an Uber on my way to work in Tulsa, Oklahoma. The Uber driver drove into the side of another car, resulting in an accident. My wrist got hurt, and I plan to have it medically examined soon. I have reported the incident to Uber, and they... View More

Clayton T.  Hasbrook
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Clayton T. Hasbrook
answered on Oct 21, 2025

Immediate Medical and Documentation Steps: First, seek prompt medical attention for your wrist injury, even if it seems minor - delayed treatment can complicate injury claims ("delay in treatment" defense arguments), and early medical documentation establishes the connection between the... View More

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2 Answers | Asked in Divorce, Real Estate Law, Family Law, Gaming, Wrongful Death and Personal Injury for Oklahoma on
Q: Considering separation due to property concerns and personal differences with spouse in Oklahoma.

I'm considering a short-term separation from my spouse in hopes that we might reconcile our differences. We are struggling with communication, and I've observed my spouse being influenced by others, which complicates matters. I'm concerned about a possible unauthorized change to the... View More

Aaron Bundy
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answered on Oct 19, 2025

In Oklahoma, either spouse may file for a divorce at any time, even if the other party only wants to separate. Given the issues mentioned, such as financial concerns, outside influence, and unresolved grief, a separation can often increase distrust and compound these problems instead of leading to... View More

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Q: Is a traffic stop for alleged cracked windshield valid if other targeting factors are suspected?

I'm dealing with a legal issue stemming from a traffic stop for a cracked windshield. During the preliminary hearing, the officer testified that there was only a single hairline crack. My attorney mentioned the reasonable articulable suspicion was that the officer thought I would commit a... View More

David A. Cincotta
David A. Cincotta
answered on Oct 16, 2025

Providing such specific legal advice on a forum like this is problematic. If you have fired the attorney who represented you at the preliminary hearing, then you should contact and hire a new attorney. Upon doing so, the questions you have can be answered by your new attorney - after the attorney... View More

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2 Answers | Asked in Child Custody, Child Support and Family Law for Oklahoma on
Q: How can I petition for child custody in Oklahoma without a lawyer?

I recently moved to a new state and want to establish a relationship with my 2-year-old daughter. The child's mother and I currently live in the same state, but there's resistance from her regarding discussions about custody. There is also an existing child support order. Since I cannot... View More

Aaron Bundy
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answered on Oct 19, 2025

While you can petition on your own "pro se," the court will hold you to the same standards of law, procedure, and evidence as it would an attorney. Every child custody case is controlled by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a very complicated set of laws... View More

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2 Answers | Asked in Criminal Law for Oklahoma on
Q: What is the mandatory minimum sentence for aggravated fentanyl trafficking in Oklahoma?

I'm seeking clarification about the mandatory minimum sentence for an aggravated trafficking charge involving fentanyl in Oklahoma. I've seen resources that suggest the minimum sentence is 2 years to life, but I have also heard and read that it might be 15 years. This question pertains to... View More

David A. Cincotta
David A. Cincotta
answered on Oct 14, 2025

Assuming no prior felony convictions, the sentencing range is 2 years to life in prison and a fine of not less than $250,000 and not more than $500,000. Additionally, for aggravated trafficking, the defendant must serve 85% of the sentence imposed before being eligible for parole. There appears to... View More

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2 Answers | Asked in Probate and Energy, Oil and Gas for Oklahoma on
Q: Filing a fully probated Texas will in Oklahoma for small oil royalties.

I need to file a will in Oklahoma that has been fully probated and finalized in Texas without any disputes. The will includes small oil royalties located in Oklahoma, and there are no beneficiaries or heirs residing in Oklahoma. What steps do I need to take to accomplish this?

Richard Winblad
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Richard Winblad
answered on Oct 13, 2025

This may sound a little archaic, but there will need to be a companion case filed in Oklahoma. These are often referred to ancillary probates. These can typically be handled without the need to travel to Oklahoma. May attorneys charge a flat fee assuming that case will not be contested. The... View More

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2 Answers | Asked in Consumer Law and Contracts for Oklahoma on
Q: Can I retrieve my trade-in vehicle after financing terms changed post-purchase of a used car?

I purchased a used vehicle in Oklahoma on October 4, 2025, and signed a contract with an interest rate of 7.4% and a monthly payment of $859. On October 10, I was informed at the dealership that the financing wasn't fully approved, so I had to sign a new contract at a higher interest rate of... View More

Lucius "Luke" James Wallace
Lucius "Luke" James Wallace
answered on Oct 12, 2025

Based upon the facts you shared the short answer to your question I believe is Yes. You do not "have to" agree to new terms that are material that are different than what you originally agreed to. If you are not interested in the new terms which you mentioned include higher monthly... View More

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2 Answers | Asked in Criminal Law and Civil Litigation for Oklahoma on
Q: Facing false assault and battery charges, with evidence from accuser's messages.

I'm facing charges of assault and battery that I believe are false. The accuser has sent me messages through Instagram and Snapchat admitting I didn't commit the act. I've already attended court, and the advice given was to seek legal counsel. What are the possible next steps I can... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 1, 2025

You are correct in that your first step should be to consult and retain a criminal defense attorney.

Being a criminal defense attorney, if I had a client with evidence (whether it’s text messages, emails, Snapchat, any other vehicle of communication) where are the alleged victim makes an...
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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

An Oklahoma attorney could advise best, but you posted a few days ago, and the deadline you mention (Sept. 10th) is the middle of next week. I'm sorry about the fire and the ordeal it has caused you. It could be difficult for attorneys here to respond with offers of their services. The format... View More

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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

Addendum - If your back is not up against the wall in terms of that timeframe, due to statute of limitations issues, this looks like something that might benefit from a closer look, exploring all options, whether covered by insurance or not. Taking a case on contingency is usually something at the... View More

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2 Answers | Asked in Civil Litigation, Estate Planning, Probate, Real Estate Law and Legal Malpractice for Oklahoma on
Q: Address suspected fraud in house transfer after mother's death in OK.

My brother transferred my late mother's house to his name using a quitclaim deed, claiming to be the sole surviving tenant, without informing me or my other siblings. The first deed was executed 8 months before her passing in November 2021, and another was signed a month after her death. This... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 5, 2025

You must hire an attorney in whatever State the house is in. He needs to conduct a title search, determine ownership, and if a cause of action lies, file suit for Ejectment, Quiet Title and possibly Partition, against any claiming exclusive ownership against the actual Tenants In Common. It will... View More

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: Does primary custody automatically go to the parent in the court's county?

I have a joint custody arrangement where my child spends equal time with both parents. The child goes to school in Hughes County, where I reside. My child's father, who lives in Pittsburg County where the court resides, claims that primary custody should go to him due to his location. Is... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 24, 2025

Primary custody is not automatically granted to the person who resides in the county where the court order has been issued. But joint custody typically requires that the parents can reach agreement on custodial issues. If you can't reach agreement, the joint custody is not working.... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Oklahoma on
Q: Will I be held in contempt if my son refuses visitation due to alleged emotional abuse?

I have a consultation scheduled in two months regarding a custody dispute. In the meantime, my 15-year-old son is refusing to attend visitation with his father each weekend due to allegations of emotional abuse, including yelling, name-calling, and threats. My ex-husband has visitation rights from... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 24, 2025

If there is a court order to do something, and someone files a request for the court to issue a contempt citation because that person didn’t do what the court ordered, the judge will normally set a hearing on the matter. If someone is found guilty of contempt of court, that someone can be... View More

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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: Chances of gaining custody of daughter despite her preference to live with negligent father?

I am preparing for our first court hearing for legal separation in two weeks, and there is no custody agreement yet between my husband and me. I have a full custody binder with evidence including my job description, certificates, character witness statements, a completed full custody visitation... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 24, 2025

Your chances of gaining custody of your daughter will depend on several factors.

If the behavior you described happened during a physical separation, his behavior will be evidence that you will want to present at your hearing. If that behavior happened when you were together, the court is...
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2 Answers | Asked in Child Custody and Family Law for Oklahoma on
Q: Will my job benefit custody in upcoming legal separation hearing?

I have my first court hearing for legal separation in two weeks. Will the judge consider my job as a benefit for getting custody of my child? I am a teaching and counseling officer at the National Guard Youth Challenge program, supervising 40 to 80 at-risk youth in a quasi-military environment with... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 24, 2025

Your training, education and experience will certainly not hurt your chances for full custody. Each case is different. The Court will make a decision based on the "best interests of the child", therefore your situation will be compared with that of the other parent.

If you want...
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2 Answers | Asked in Criminal Law, Civil Rights, Medical Malpractice and Personal Injury for Oklahoma on
Q: Can I challenge my guilty plea due to mistreatment in jail?

I was arrested in Oklahoma on trafficking charges that I believe were unjust. While awaiting trial in county jail, I suffered a heart attack after requesting medical assistance for about 4.5 hours, but no help was given. I passed out from the severe pain and sustained injuries when I hit the... View More

David A. Cincotta
David A. Cincotta
answered on Aug 18, 2025

Within ten days of your plea being accepted by the court and the court fixing your punishment pursuant to the plea, you can put in writing to the judge that you wish to withdraw your plea. The court will hold a hearing within 30 days of your written request, and the court will have to determine if... View More

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Q: Need legal recourse for unpaid work and embezzlement charges with neighbor.

I worked on equipment for my neighbor, and he didn't pay me for the work or materials. He agreed to sell me an RV, so I constructed a shed in his backyard. Later, he accused me of embezzlement involving the RV and the equipment, and he took the RV back with all my belongings. I was arrested... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 12, 2025

If there is a no-contact order against you, you must honor that order. That means you are going to need an attorney to bring any lawsuit against him to retrieve property you claim that he took.

I recommend that you make a list of each and every piece of property that he took, describing...
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