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
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
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
Bartlesville, Oklahoma has strict laws regarding domestic violence convictions and firearm possession. Specifically, under Oklahoma law, it is illegal for someone convicted of even a misdemeanor domestic assault and battery charge to possess a firearm.
The crime falls under MAJOR CRIMES ACT. I am the victim of the crime. I am native the crime occurred in Sovereign Territory by a non native. The charges were pressed in 2019 prior mcgirt. However, they just caught my abuser this year post mcgirt. The State is the one pressing charges, but why... View More
Under the Major Crimes Act, if a serious crime involving a Native American victim occurs in tribal territory, federal jurisdiction typically applies. Given the timeline you've described, if the crime occurred before the McGirt decision, the state may have initially pursued charges under their...View More
Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted...View More
The good news is the Judge, not the opposing attorney, decides what evidence will be admitted. With that said, you will likely need your own attorney who knows civil procedure and the rules of evidence to properly present your evidence.
Emergency protective orders are not criminal charges, they are sort of “quasi criminal.” They are intended to keep certain parties apart from each other because of the alleged wrongdoing of one of them. As long as rules are followed once a decision is made on whether there is any merit to an...View More
I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... View More
Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed....View More
This question depends a lot on the involvement of the department of human services in the matter. However, as a general rule, if a man has abused one of the children in the home (doesn’t matter whether they are his biological children, stepchildren or children of a girlfriend in a relationship)...View More
My mother was killed in June 2022 and it was ruled as suicide at the scene of a place she didn’t know and had never been on a river bed. A multi county grand jury is supposedly investigating. I was 17 years old at the time this happened and no one ever informed me she died. Do I have any kind of... View More
I am sorry to hear about the loss of your mother and the circumstances surrounding her death. As a victim of a violent crime, you may have certain rights under state and federal law, including the right to be informed about the progress of any investigation or legal proceedings related to your...View More
What a great question! And what an unbelievably common question in domestic assault and battery cases. Just about any criminal defense attorney will have a story about victims having a change of heart and wanting to stop this speeding train of prosecution against the father of their children or...View More
Sounds like a situation where the offender has no prior convictions or arrests. If you want to or feel as though you need to go to rehab then by all means do it. However, most situations involving this particular crime and with no prior history are going to secure some type of probationary plea...View More
If you are not wanting to testify, I would recommend that you first talk to your husband's attorney. Failing to comply with a subpoena can have consequences, so don't just ignore it. You can always contact the prosecutor directly as well, but talking to your husband's attorney first...View More
The question is a bit confusing, but if a protective order has been issued against a party, the only one prohibited from certain acts is the defendant or the party served with that protective order. If the plaintiff seeking the protective order, the one who secured it from the court, contacts that...View More
I served a 3 yr. deferred sentence. Just wondering if once they dismiss the case I get my firearms rights back or if I have to wait till I can get the whole thing expunged. Is there a process in Oklahoma you have to follow?
A deferred probation means you’re not allowed to possess, in any manner (your car, your home, your pocket) any firearms. Once your deferred probation is concluded and the case is dismissed, as long as you’re not a convicted felon from some other episode in your life, you should be able to...View More
If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma...View More
My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... View More
While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just...View More
We really don’t have enough information to answer your question with specificity. Assault snd battery on a minor (your previous arrest) can be charged as a Felony. While the charge you have recited, “assault and battery in the presence of a minor” (I’m assuming you mean...View More
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