Get free answers to your Domestic Violence legal questions from lawyers in your area.
I recently fled a domestic violence relationship in Oklahoma and relocated to Nevada with my children. I acquired a Temporary Protective Order (TPO) in Nevada, where I was also granted temporary custody on March 18th, 2025. I registered this order with the state of Oklahoma. There is no prior... View More 
answered on Mar 31, 2025
The courts will have to determine jurisdiction. It sounds like you just recently moved, and the residence of the minor child would have been in Oklahoma prior to you leaving. Which then most likely, the fathers motion will be heard here, and the Nevada court will most likely transfer their case... View More
I am involved in a guardianship case for my mother, who is currently in a nursing home. My nephew, who has no legal stake in the matter, has established residence at her home. Recently, he has made serious threats, including threatening my niece and me, even pulling a knife on me while under the... View More
answered on Feb 22, 2025
It sounds like you need to file a VPO. Most likely you will not be able to get an exit order because it sounds as if he has stayed at your mothers house for a period of time. The rightful owner, your mother, will have to evict him from the home. You need to contact an attorney to help you with... View More
I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024
Limitations on claims are governed by statute and are usually so fact-sensitive that you need to speak to an individual lawyer as soon as you can to determine whether you may bring a claim. With that said, Okla. Stat. tit. 12 § 95 places a one year limit on civil claims for assault & battery.... View More
I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024
Most civil claims have an applicable statute of limitations that defines the window, or time period, when you may bring a claim. Generally, a civil claim for assault or battery must be brought within 1 year of the event. You should speak privately with a lawyer if you wish to assess your specific... View More
answered on Oct 7, 2024
In the short answer -- No that is not a violation. In Oklahoma, only a defendant against whom a protective order has been issued may be held to have violated the order. 22 OS 60.6(H) --- Therefore if the Victim makes contact or attempts to make contact, this is not a violation of the order.... View More
answered on Oct 6, 2024
That’s a very good question! It’s also a very common question which I get asked all the time.
When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a... View More
Not allow them to eat anything because your not feeling well and did not cook for him because he left and stayed gone for about 2 hours giving the dog a ride when his whore lives down the road and he left me stranded with no money or transportation. And has been refusing to take my things to a... View More
answered on May 5, 2024
Well, I’m not sure I have enough information to give you any confident, legal advice. However, unless he is bedridden, and you are responsible for his care, or there is some legal status you possess where the law recognizes he is reliant upon you for his food, shelter, it’s highly unlikely that... View More
I was booked under CF for this charge when we have no prior
answered on Apr 12, 2024
Oklahoma statutory law indicates that a domestic assault and battery on a pregnant woman where the defendant had reason to know she was pregnant is a felony offense carrying up to 5 years in the department of corrections. If the woman suffers a miscarriage as a result of the assault and battery it... View More
Out now will she keep her Court appointment attorney or will they still make her hire a private attorney
answered on Mar 7, 2024
That’s an excellent question, and a quite common question as well. It depends on the judge, the district attorney, and what type of case. If it’s a small misdemeanor case, there are instances where you can keep your court appointed attorney. If it’s a more meaningful case like a felony and... View More
Deprived child case. DHS is involved due to Mother assaulting father and ultimately pleaded guilty and the parents are in process of case currently in Jackson County OK. Mother is Kiowa Native father is Non-native and the boy is now 5. He is eligible but not enrolled as of yet. The father does Not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In cases involving the potential enrollment of a child in a Native American tribe, such as the Kiowa Tribe, both parents have rights and interests that need to be considered. The Indian Child Welfare Act (ICWA) applies to child custody proceedings involving an Indian child, with specific provisions... View More
The child is not enrolled the mother is Kiowa& the case is in a non-native county in SW Ok& the father doesn’t want the child enrolled. The mother is trying to do so in order for odds to be in her favor with her people, who have family members that sit on the Tribe Counsel. She was the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024
In situations involving the Indian Child Welfare Act (ICWA) and child custody, the ICWA provides specific protections for Native American children in custody proceedings. It prioritizes the jurisdiction of tribal courts over state courts for custody cases involving Native American children.... View More
Is it legal for an attorney to disclose the location of a domestic violence shelter to an abuser in family court?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
No, it is generally not legal or appropriate for an attorney to disclose the location of a domestic violence shelter to an abuser, especially in family court. Shelters are protected spaces designed to keep survivors safe, and their locations are often kept confidential for that reason. Disclosing... View More
I am currently involved in a Title 10A guardianship situation in Oklahoma, and I am a recovering addict. My oldest child is under my mother's guardianship, and my 15-month-old is technically in DHS custody but also placed with my mother. Although I still have my parental rights and have been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
To safeguard your parental rights and work towards regaining custody of your children, it’s crucial to stay fully committed to the steps outlined in your case plan. Completing your parenting classes, staying in regular communication with your children, and attending court dates are all positive... View More
I have a custody case in Tulsa County, and the father is not abiding by the joint custody order. He has kept our child from me for the past four weekends and is trying to prevent her from staying with me this summer, as outlined in the custody agreement. Although he has violated the order in the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
If the father is not complying with the joint custody order, you have the option to file a motion for contempt in Tulsa County court. This motion will ask the court to enforce the custody agreement and address any violations. Since you have kept detailed records of the communication and instances... View More
I need legal advice regarding my child, who has been taken by the possible father without my permission in Oklahoma City, OK. There are no court orders regarding custody or visitation rights, and paternity has not been legally established. I involved law enforcement, and there have been a couple of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
In Oklahoma, if there are no court orders in place regarding custody or visitation, the situation can become more complicated. Since paternity has not been legally established, the father may not have legal rights to make decisions about your child’s care, but this depends on whether he can prove... View More
I am considering filing a protective order against my children's father who stopped taking his prescribed medication and has attempted suicide in front of our children. He has made multiple threats previously and refuses to continue his treatment, claiming he doesn't need it. This... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2025
Given the situation, filing a protective order could be an important step to ensure the safety and well-being of your children. If your children witnessed an attempt of suicide and their father has made multiple threats in the past, it’s understandable that you’re concerned about their... View More
I am concerned about my spouse's methamphetamine use, as he has been acting paranoid and screaming. The behavior occurs in our home, which is solely in his name. When I raised my concerns, he told me to mind my own business. He obtains the methamphetamine in Missouri and brings it home to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
If you're concerned about your spouse's methamphetamine use, you have a few options for addressing the situation. The first step would be to contact law enforcement, as drug use and distribution are illegal in both Missouri and Oklahoma. You can report his activities anonymously to local... View More
In Oklahoma, my son's spouse refuses to sign the decree of dissolution of marriage. She has been separated from him for over five years and has sent him threatening text messages if he tries to contact her. We have no children involved, and there are no lawyers or protective orders in place.... View More
answered on Apr 4, 2025
Your best bet is to contact a family law attorney and have them help you through this last bit of the process.
I have a 13-year-old daughter in 6th grade who has been repeatedly threatened and spit on by the same student at her school. Despite her reports to the principal, very little has been done, leading to my daughter having to sit in the office. There have also been incidents where this student... View More
answered on Apr 3, 2025
File a police report regarding the bullying. This will at least force the school to 'investigate' things and have a formal response.
I have been facing repeated violations of my civil rights and need legal assistance without upfront costs due to my limited financial resources and partial disability. My child was abducted by her father 17 years ago. He was abusive and has consistently prevented contact, even using intimidation... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2025
I understand how difficult and painful your situation must be. Dealing with abuse, child abduction, and custody interference for 17 years takes tremendous strength. For legal help without upfront costs, contact your local Legal Aid Services of Oklahoma, which provides free representation to people... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
