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Oklahoma Civil Rights Questions & 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... View 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... View 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... View 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... View 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... View More

David A. Cincotta
David A. Cincotta pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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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... View 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... View 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... View More

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1 Answer | Asked in Family Law, Civil Rights, Federal Crimes and Juvenile Law for Oklahoma on
Q: I’m 17 and pregnant, am I legally an adult? Can I legally move out or get in trouble with law for “running away”?
Pete David Louden
Pete David Louden
answered on Apr 24, 2020

Are you legally and adult? No. You are an adult when you are 18.

1 Answer | Asked in Criminal Law, Animal / Dog Law, Civil Rights and Gov & Administrative Law for Oklahoma on
Q: In Oklahoma local police took a friend's dog said he had pay fees and unrelated traffic tickets before returning dog
Brian Boeheim
Brian Boeheim
answered on Apr 22, 2020

Normally, law enforcement can take possession of a dog if hasn't been inoculated, spayed, or neutered, or if it is "at large", has bitten someone, or is deemed dangerous, and yes, at least under Tulsa Municipal Ordinances (Title 2, Section 109), there are reclaiming and impoundment... View More

2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden
answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
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2 Answers | Asked in Criminal Law, Family Law and Civil Rights for Oklahoma on
Q: Can a judge court order a couple not to see each other when they are engaged.

She is on drug court and im a convicted felon

Pete David Louden
Pete David Louden
answered on Mar 5, 2020

Yes.

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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Oklahoma on
Q: Can I move out at 17?

I live in Oklahoma. My parents want to move me back to Texas. I do not want to go and i have a friend I can stay with. Her mom is even okay with it. Is there a way I can stay with her?

Pete David Louden
Pete David Louden
answered on Feb 20, 2020

If your parents agree to allow you to do so.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and Civil Rights for Oklahoma on
Q: How can someone charged in a robbery case met with so called traumatized victim then contact them to drop charges?

Ive writtened emailed faxed phonedthe governor mayor attorney general city manager and im not gonna stop until someone with some authority looks into this case. Ive got a website that has this case. Noone wants to listen or even cares this is my sons life

Tracy Tiernan
Tracy Tiernan
answered on Feb 2, 2020

Sounds like you are suggesting someone either has or is trying to reach out to an alleged victim to get them to drop criminal felony charges. Not a good idea at all. Anyone who does so Faces the very real risk that the alleged victim might contact authorities and say they felt pressured. In that... View More

1 Answer | Asked in Criminal Law, Civil Rights and Collections for Oklahoma on
Q: Were my rights violated?

I went to court unrepresented, the judge was upset with that and locked me up. I do not recall any formal reason from him other than that. I stayed in jail for two weeks just to qualify for public representation. I wasn't given forms to file for one until the district attorney was called and... View More

Tracy Tiernan
Tracy Tiernan
answered on Jan 21, 2020

most judges are reasonable and quite tolerant in terms of giving you time to secure private counsel to represent you if you bond out of jail. I suspect the judge gave you more than one chance to show up with an attorney and you were either unable to secure one you could afford or you refused to do... View More

1 Answer | Asked in Civil Litigation, Criminal Law and Civil Rights for Oklahoma on
Q: Can an investigator be held accountable for perjury if his affidavit of support is heavily relying on the falsehood?

The falsehood was a flat out lie that I had no business at the courthouse on day in question. That my sole intention was to be there to harass and intimidate a person who has a protective order on me. There can't honestly be a valid reason he didn't know that I was the petitioner and the... View More

Brian Boeheim
Brian Boeheim
answered on Dec 7, 2019

It wouldn't be perjury, but it could be considered prosecutorial misconduct. The reality is that there is very little that can be done about these types of misrepresentations. It would just be passed off as a "reasonable belief" based on the informations and evidence they had at... View More

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