Lawyers, Answer Questions  & Get Points Log In

Oklahoma Questions & Answers

1 Answer | Asked in Employment Law for Oklahoma on

Q: Is it legal for my employer to take my vacation time away because I didnt use it by my anniversary date?

I had 30 hrs of PTO on my 4/10 paycheck and my next paycheck was 4/25 & my PTO is gone. They said they take it away because I did not use it by my 4/13 anniversary date. They never told me I had to use it or lose it. Is this legal?

Melissa Oxford answered on May 26, 2019

I recommend you consult an employment attorney to discuss the details. Find out if this policy is in an employment handbook or otherwise documented somewhere. If so, be sure to bring it to the attorney consult.

1 Answer | Asked in Employment Law for Oklahoma on

Q: An employer threatened to withhold my paycheck. When I told the employer that this was illegal, they terminated me.

Can I sue my former employer?

Melissa Oxford answered on May 26, 2019

You may have a cause of action but I recommend you consult an employment attorney. They cannot withhold pay, and you may be considered a "whistleblower", which may afford you additional protection. A lot of this is dependent on additional facts.

1 Answer | Asked in Criminal Law and Family Law for Oklahoma on

Q: 2 minors knowingly left with household with unreported child molester : who should be reported and to which agency(s)?

The Oklahoma non-custodial parent became aware his ex-wife left their two boys, 8 and 11, for a week with her sister, an RN, whose 18 y.o. son, a few years earlier, had been found to have sexually abused the minor children of a relative and a neighbor, also an RN. The families agreed not to... Read more »

Melissa Oxford answered on May 26, 2019

I recommend non-custodial parent discuss with an attorney to determine if there is a duty to report and in the event he wants to pursue a modification of child custody based on these circumstances.

1 Answer | Asked in Wrongful Death for Oklahoma on

Q: Who do I need to file a lawsuit against noble county and Perry Oklahoma for Excessive force used against my husband

That ended in his death.

Melissa Oxford answered on May 26, 2019

You can file a 1983 Civil Rights case but since it is a government entity you have a short period of time to initiate the action. Please contact an attorney ASAP to discuss your options.

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for Oklahoma on

Q: Can I sue a drug testing facility for a false positive drug test that I voluntarily took for Child Protective Services

What lawyer can you recommend in Oklahoma

I voluntarily took a drug test for CPS. The testing fac. said it was positive for meth, methadone, Xanax, Barbiturates. These results were used against me in court and my grandkids were taken away on 8/24/18. The lab results were negative for all... Read more »

Melissa Oxford answered on May 26, 2019

You may have a cause of action but you would have to have evidence that it was, in fact, a negative result. Your testimony will not be enough. You will need other toxicity test results from that same day to support any case you may have.

1 Answer | Asked in Personal Injury for Oklahoma on

Q: I was getting checks from Multi injury trust fund then turned 65. Can I get back on since more injuries have came up?

I have been put on oxygen 24 hours a day from my diaphragm coming halfway up my left lung from head injury. They said signal from brain to diaphragm shorted and it is stuck there. Have abestos.

Melissa Oxford answered on May 26, 2019

I recommend discussing these issues with your lawyer. The Multiple Injury Trust Fund can be complex and the answer to your question will depend on certain issues, and there are special laws for some injuries, including asbestosis.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: My ex and I has never seen eye to eye since I was told by my 2 minor children step mom broke my daughters wrist and when

I showed great concern but also keeping a civil conversation out of concern for our children we have together. He just laughed and said I was making this stuff up in my head and I was dramatic and making something out of nothing. I didn’t think I was dramatic, I was emotional and crying for the... Read more »

Melissa Oxford answered on May 26, 2019

I recommend consulting a lawyer any time you believe your child may be suffering abuse when they are not in your care to determine your options and if you have any duty to report same.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Oklahoma on

Q: his wife is” mother on school records” I can’t even get infor nothing on them and I’m aloud visitation but being denied

I believe I should be on school paperwork. I have been denied any communication with my children for Two years they move every time I find them. I was told that dhs was investigating them after the broken wrist thing. I just need help on what my legal grounds are so I don’t end up in jail bc I... Read more »

Melissa Oxford answered on May 26, 2019

If you have an order allowing you visitation and the other party is refusing to comply with the terms of the order, you can file a motion to enforce the visitation order. There are other options, as well. I recommend you consult a family law attorney in the state/county where your divorce was... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on

Q: Im.a felon can I on a crossbow cause my.probation says no cause the trigger and the Oklahoma statue says nothing about

Yes the Oklahoma fire arms act says nothing about a trigger mechanism defining what's a firearm so i.ask about the cross bow can I be a felon and have a cross bow.for.hunting purpose or.in general

Keegan Kelley Harroz answered on May 25, 2019

No, you cannot.

1 Answer | Asked in DUI / DWI for Oklahoma on

Q: 3rd DUI

2014 I got a misdemeanor dui. Was put on 3 year deferred sentence. Completed everything on that. In 2017 I ended up getting another Dui which was a felony, was placed on 5 year deferred sentence. 1 week ago I just got pulled over for another Dui so Just looking to see if that means jail time

Josh Davis answered on May 24, 2019

Every DUI carries the potential of jail time. However, on a 2nd time felony offense you’re more likely to have some time. You definitely need to hire a lawyer to review your case and not just agree to whatever the DA is offering.

1 Answer | Asked in Family Law for Oklahoma on

Q: Nephew not safe my sister mentally unstable addictive behavior self harm involved I need custody

drug abuse kids unsafe situations nephew stated showed self harm because of her

Melissa Oxford answered on May 24, 2019

You may be able to get emergency custody, but more information is needed. I recommend you consult with a lawyer ASAP due to the serious issues at play here.

1 Answer | Asked in Family Law for Oklahoma on

Q: I filed for divorce and my husband has filed his answer with the courts he now refuses to sign waiver, the decree

I agree to all his terms now what are my options

Melissa Oxford answered on May 24, 2019

If you agree to the terms, contact the county where the divorce is pending and determine if they have a certain time they accept non-contested divorces for approval. Keep in mind if there are minor children, Oklahoma law requires a 91 day waiting period between the time the divorce is filed to when... Read more »

1 Answer | Asked in Family Law and Probate for Oklahoma on

Q: I'm dealing with some personal issues from the death of my Daddy. He died in March of 2017. My stepmother has done her

best to remove me from his life from the beginning. I hadn't seen or talked to him since May 6, 2010. I was banned from the funeral and even my half-brother wasn't allowed to speak. We received nothing, no notification on division of property, her and her daughter have taken up residence on the... Read more »

Melissa Oxford answered on May 24, 2019

It depends on if your father had a will or not. I recommend speaking to a probate lawyer.

1 Answer | Asked in Adoption for Oklahoma on

Q: I am doing an adoption on my own and the judge said that i need this affidavit of disclosure..how do i get this?

Melissa Oxford answered on May 24, 2019

I believe the Judge is referring to an Affidavit of Non-Disclosure. You can get it from the court clerk for the county where the adoption is filed. Here is the law that applies:

A. At the time that a written consent to adoption or permanent relinquishment is acknowledged by a biological...
Read more »

1 Answer | Asked in Criminal Law for Oklahoma on

Q: Is this a violent felony in the state of Oklahoma?

Keegan Kelley Harroz answered on May 24, 2019

Please repost your question with the felony that you are seeking information about.

2 Answers | Asked in Contracts and Construction Law for Oklahoma on

Q: Is a builder's 1 year warranty the same as a structural warranty for a new built home?

Our home was built in 2017, but appears to have structural issues. Would the builder be liable on a structural warranty?

Bruce Alexander Minnick answered on May 24, 2019

The only way you will ever know is to try to sue the builder under the "structural warranty."

View More Answers

1 Answer | Asked in Adoption and Family Law for Oklahoma on

Q: how may a US citizen and resident of Oklahoma, adopt an adult male (30 years old ) who is citizen of a foreign country?

Melissa Oxford answered on May 23, 2019

Typically, adult adoptions are an easy process. The law requires the consent of the person to be adopted and the consent of the spouse of the person adopting. However, I recommend consulting with an immigration attorney.

1 Answer | Asked in Child Custody and Family Law for Oklahoma on

Q: I am being denied visitation with my minor child

custodial parent is denying me physical visitation and also phone visitation. I have a signed court order granting me both. I would like to know what I have to do to file a motion with the court to allow me visitation with my child

Pete David Louden answered on May 21, 2019

If you have an order for visitation and the other party refuses to follow the order without just cause, you have a couple of options. You can file a motion to enforce or a contempt citation. Hire an attorney and they will review your case and explain the best option for your particular situation... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on

Q: What charge would a person that is sending another person threatening text messages to another person be charged n okla

He has many felony charges

Keegan Kelley Harroz answered on May 20, 2019

Most likely “threatening to perform an act of violence”

2 Answers | Asked in Animal / Dog Law and Contracts for Oklahoma on

Q: Does the animal cruelty laws in state of oklahoma also applies from dr associated or veternary visit at a local petco?

A family member of mine's service in training dog was abused in choke position while the 1 year old puppy was screaming and crying while customers were staring at the vet dr at local petco. Plus the female doctor was also hitting him on the head and nose because of improper medical training with... Read more »

Bruce Alexander Minnick answered on May 20, 2019

The answer to your question depends on the definition of "animal cruelty" under Oklahoma statutory law. If you are still interested in learning whether the vet's treatment is covered, hire a lawyer who specializes in animal law in Oklahoma.

View More Answers

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.