Lawyers, Answer Questions  & Get Points Log In
Oklahoma Civil Rights Questions & Answers
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 »

View More Answers

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?

1 Answer | Asked in Animal / Dog Law, Civil Rights and Criminal Law for Oklahoma on
Q: Can the police make you give your dog back to your ex-girlfriend because she claims you stole it
Brian Boeheim
Brian Boeheim answered on Jul 29, 2020

A dog is still considered personal property. A sales receipt or registration with your name on it would go a long was to you being able to show an officer you have possessory interest.

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Can a person be charged with knowingly CONCEALING stolen property.. If the item was not REPORTED stolen till 3mo later?

A 4wheeler I bought from someone got taken from my yard along with a gun that was stored in it.

I REPORTED it stolen a bail bonds called and said he has the 4wheeler and the person who took it.

It was impounded I paid 400 to get it out.

Then 2 mo later someone brought title... Read more »

David A. Cincotta
David A. Cincotta answered on Jul 17, 2020

The State has to prove that you knew or had reason to believe that the item you bought or received from someone else was an item that was stolen, embezzled, obtained by false pretense, or was from a robbery. However, there is what is called a rebuttable presumption in these circumstances. That... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Business Law and Civil Rights for Oklahoma on
Q: Can my car get repossessed after one week of no payment in the state of Oklahoma?

I financed a car through a car lot. I was one week and 3days late then got threatening text messages from the financier saying they were going to call the authorities if they did not receive a payment I paid them half on Friday (the day of the call) and they agreed to receive the other half Monday... Read more »

Brian Boeheim
Brian Boeheim answered on Jun 29, 2020

I would have to see your contract, but it appears as if they did not follow the Fair Debt Collection Practices Act. They cannot threaten criminal charges, or negotiate in my opinion negotiate for further payment only to repossess. You need an attorney to look at the contract and then potentially... Read more »

2 Answers | Asked in Criminal Law and Civil Rights for Oklahoma on
Q: Am I allowed to shoot a protester

If I’m driving and come across a group of protesters who then decide to start trying to bust out my car windows and pull me or a family member from the car. Can I then use lethal force to defend my property and self and family?

Tracy Tiernan
Tracy Tiernan answered on Jun 1, 2020

As a general rule you cannot use deadly force unless you are in fear of imminent harm to your safety or the safety of one of your family members typically. If you have an opportunity to flee or avoid the dangerous situation, you are required to do so as long as you can do it safely. You can’t... Read more »

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.