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Oklahoma Civil Rights Questions & Answers
1 Answer | Asked in Personal Injury and Civil Rights for Oklahoma on
Q: my brother is incarcerated- has no legal assistance $$. He needs to file a tort claim, medical negligence. Doctor

orders were to assign a bottom bunk at the facility for medical reasons. Against the doctor's orders and his protests, employees determined he was in a top bunk. He had a seizure and fell from the top bunk to the floor. He seriously injured his back, shoulder, and hit his head. He is asking me... Read more »

Howard Berkson
Howard Berkson answered on Nov 19, 2021

There isn't really a form. But, also, a government tort claim requires notice to the state or federal government in a relatively short period of time. You need to talk to a personal injury attorney AND a civil rights attorney, since there may also be a violation of civil rights. You need to... Read more »

1 Answer | Asked in Copyright, Criminal Law and Civil Rights for Oklahoma on
Q: I got my boyfriend's car towed I stole something at Walmart but didn't get arrested at Walmart and we can't afford to
Tracy Tiernan
Tracy Tiernan answered on Oct 31, 2021

Unfortunately your question is a bit cryptic in that it provides very little details and doesn’t really ask a question, it’s more of a statement. From what I can glean you are worried about getting arrested. If they did not arrest you at Walmart, than they are unlikely to do so after the fact.... Read more »

1 Answer | Asked in Civil Rights for Oklahoma on
Q: H & H auto savage

Hello yes , my truck was impounded last night and the wrecker company is not allowing me too come retrieve it what can do

Charles Watts
Charles Watts answered on Oct 11, 2021

One, if it was impounded for legal reasons, as in a result of a traffic stop of some sort which in the end had reasons to be impounded then you will have to get those ‘holds’ resolved with the agency that ordered the impound. ((Such as proof of insurance and such)) - Additionally, the impound... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Oklahoma on
Q: How far back legally can taco mayo in Oklahoma go on a background check?

My bf was denied a job at Taco mayo from a domestic back n 1999-2000

Charles Watts
Charles Watts answered on Sep 20, 2021

Typically, backgrounds go back 10 years for credit and 7 years for criminal convictions but that can be longer depending on the job, responsibilities, etc... If it is expunged, or deferred adjudication was successful, then they will not see it at all. The State is restricted by statute to even... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Judge transfers an emergency protective order to another county then sets a court date for a review is that an error?

At a final hearing for a protective order Judge didn't give defendant a chance to present a defense or challenge personnel jurisdiction for no service. Upon learning that there was a custody case pending involving same two parties an order transferring the continued emergency protective order... Read more »

Anna L Self
Anna L Self answered on Aug 26, 2021

Judges always combine the PO hearing with the pending family law case. Why did you show up to the hearing if you were not served? If you appear at the hearing you submit yourself to jurisdiction of the Court usually. The Judge will probably strike the 90 day review. They set review hearings so... Read more »

1 Answer | Asked in Family Law and Civil Rights for Oklahoma on
Q: does a paralegal have to turn over emails between client to opposing council

a paralegal and client have confidential emails. the opposing council filed a motion to compel. Since being refused those emails. does the other council have to produce those emails to the opposing team?

Pete David Louden
Pete David Louden answered on Jul 24, 2021

Do you have an attorney representing you and supervising the paralegal?

1 Answer | Asked in Civil Rights, Criminal Law and Juvenile Law for Oklahoma on
Q: If a minor raped an adult in the state of Oklahoma, is there legal action that can be taken?
Jessica Brown
Jessica Brown answered on Jul 16, 2021

Yes - both criminally and maybe civilly.

1 Answer | Asked in Civil Rights and Collections for Oklahoma on
Q: Can I be placed in jail over a medical debt from a collection agency who has an attorney now representing them?

I have a debt collection agency who is represented by an attorney who has taken me to court and still hasn't provided details on what the medical bills are for. I just know they are from at least 2009; I was pulled over last year and was sent to jail over a bench warrant that was issued back... Read more »

Anna L Self
Anna L Self answered on Jul 13, 2021

You don't go to jail for not paying the debt. You go to jail for not appearing in court when the Judge orders

you to appear. Generally, it is after a judgment is awarded to the creditor and they file for a hearing on assets. You are served with an order to appear at the hearing on...
Read more »

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Oklahoma on
Q: Can my Guardian force me to quit my job in Oklahoma?

I'm a 17 year old which is above the legal age requirement for working in my state. But she says she can call and quit for me without my consent. Can she? Or would I have to do it since me working is legal?

Pete David Louden
Pete David Louden answered on Jun 6, 2021

"Can my Guardian force me to quit my job in Oklahoma?"

Of course she can. It can be described as pretty much this simple: Parents/legal guardians make the rules, children follow those rules.

1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

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 »

Charles Watts
Charles Watts answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Municipal Law for Oklahoma on
Q: My son is being held in Oklahoma awaiting extradition to Arkansas it's been 2 weeks and they have yet to come get him

What can I do to get him released from hold or speedup the process or to help him at all

Pete David Louden
Pete David Louden answered on May 8, 2021

Best thing you can do is help him hire the best criminal defense attorney you can find.

2 Answers | Asked in Family Law, Child Custody and Civil Rights for Oklahoma on
Q: Is it res judicata if a petition for protective order is the same as one 3yrs before?

a protective order was dismissed in a protective order trial for insufficient evidence in 2013 in tulsa on its merits. In 2016 in creek county almost identical merits were made in the petition. Is that dealing with subject matter jurisdiction? Because the petition was granted in 2017 barring an... Read more »

Jessica Brown
Jessica Brown answered on May 3, 2021

You asked a lot of questions that would take quite a bit of time to explain. Putting it simply and reading between the lines some here, I'll say this...

VPOs under the Protection from Domestic Abuse Act in Oklahoma can be filed in the county where the domestic violence happened, where...
Read more »

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Did judge deny me due process by setting a review hearing?

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 »

Pete David Louden
Pete David Louden 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?

1 Answer | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Do i have to deal wuth crimunal charhes b4 i can charge jail with use of excessive force?
Randy Bryan Ligh
Randy Bryan Ligh answered on Apr 1, 2021

Short answer is no as presumably these are 2 separate incidents. That said, you should try to involve an attorney or group of attorneys who will work together on both incidents in order to provide you the best outcome. Use the Find a Lawyer tab and search for criminal defense/civil rights/1983... Read more »

1 Answer | Asked in Civil Rights and Juvenile Law for Oklahoma on
Q: My out of control step son has come to live with us. Can I cuff him 2 me to keep him from running away?

He is constantly running away and tries to jump out of the moving car. Can I handcuff him to me to keep him from running off?? Is that legal?

Jessica Brown
Jessica Brown answered on Mar 23, 2021

Absolutely not.

1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: What motion do I file when I am denied cross examination of a states witness by a judge or court in oklahoma?

A caseworker states false affidavit then resigns the judge denied cross examination or a continuance when I had factual evidence contradictory to caseworkers statement and affidavit

Pete David Louden
Pete David Louden answered on Feb 19, 2021

This would depend on the details and the specific reason the court made that ruling. Did you have an attorney or were you trying to represent yourself?

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Oklahoma on
Q: My 16 year old niece ran away from home (Oklahoma) Sox days ago to Kansas. What are the option to make her return home.

She lives with her mother, I just want to know what her mother’s options are at this point because law enforcement says since this girl is 16, actually has the mentality of a 12 year old there is nothing they can do to make her come home.

Pete David Louden
Pete David Louden answered on Dec 17, 2020

Unless you have a guardianship of the child it would be up to her parents to take action. I would say calling the police would be the best place to start. The parents should also consult with a family law attorney asap to explain the situation in full detail and that attorney can then explain any... Read more »

1 Answer | Asked in Adoption, Child Custody, Civil Rights and Domestic Violence for Oklahoma on
Q: I live in Oklahoma and was indigent during my jury trial that was in juvenile court. My appellate attorney only provided

Me with my testimony at my second jury trial. Who do I go through to get the whole transcript for my first trial

Brian Boeheim
Brian Boeheim answered on Dec 9, 2020

The court appointed attorney should be able to get you a copy of the transcript.

1 Answer | Asked in Contracts, Real Estate Law, Tax Law and Civil Rights for Oklahoma on
Q: Can a non profit church who owns an apartment complex raise the rent for no reason ?

Especially when the place is falling apart

Steven J. Fromm
Steven J. Fromm answered on Nov 19, 2020

The short answer is that if the current tenant has no lease then there would be nothing to stop the church from raising the rent. This is a matter of contract law, so if the church wants to enter into a contract for lease at a higher monthly rent, they surely can do so. However, to be sure you... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Oklahoma on
Q: What is the statue of limitations on a false imprisonment civil suit from the date of discharge
Arnold Isaac Berschler
Arnold Isaac Berschler answered on Oct 1, 2020

The Civil Rights Act of 1991, 42 U.S.C., sec. 1981; et. seq. [including section 1983] is probably the law to be used. That Act adopts a state's statute of limitations period for personal injury claims as the time limitation. The issue being: in which state did the imprisonment first occur?

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