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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My husband was charged with domestic assault and battery in the presence of a minor, i am the “victim”...

My husband and I are in the process of moving out of Oklahoma to a different state for work. This is a very stressful time for my family. My husband and I got into a argument about him finding work down here so we didn’t have to move. I said some mean things about his work ethic out of anger and... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 15, 2020

If no one else was there to witness this altercation, and you weren't in the midst of the emotion of the moment on the 911 call, then it all hinges on whether you are going to testify against him. You can call the victim's advocate and the ADA handling your case for the DA's office and let them... Read more »

1 Answer | Asked in Domestic Violence and Divorce for Oklahoma on
Q: Protective order violation?

If the person the protective order was filed against is in a building and the person that filed the PO parks right behind that other persons car and tries to come in, is that a violation?

Employees at the building had to tell the filer that they couldn’t come in. The filer is VERY aware... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

The person who files a protective order cannot violate the protective order. The rule of thumb is the person who has the protective order filed against them must leave the premises if the person who was granted the protective order enters. With that said, if you have reasonable evidence that the... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a DA drop a misdemeanor domestic abuse charge? If so what does that even drop to? Will he even be punished?

I was involved in an assault by a boyfriend where I had to jump out of the vehicle in order for him to let me go, then he got out of the vehicle dragging me, I called the cops they came out took photos etc. They took him into custody when I stated I wanted to press charges. The detective on the... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 4, 2020

When you file a police report, it does not automatically mean the charges will be filed. The reality is that is up to the District Attorneys office. It is a fallacy that you can press or drop charges. That is purely up to the DA. You can be willing or unwilling to testify. I don't know why... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma if a petitioner doesn't appear in court for protective order will it be dismissed?
Brian Boeheim
Brian Boeheim answered on Jan 8, 2020

In most cases, yes. If they call ahead and have a very legitimate reason for missing, I have seen judges reschedule. If there is a criminal case pending, it may be continued to trail the criminal case.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oklahoma on
Q: My husband has left the home he was the main income for the family my name is on the deed what are my options?

He removed all his property and me and the kids in the home - he stated he would sue me if I rented or sold home - but I don’t make near enough to support all bills- options? Suggestions? He has been moved out since 12-24-19 this isn’t the first time he’s also been abusive knowing I can’t... Read more »

Doak Willis
Doak Willis answered on Jan 8, 2020

You must borrow the money to hire an attorney to help you get a divorce and support.

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: What kind of questions will DHS in Oklahoma ask when they make a visit to a house. It's a first offense?

Cops got called to a domestic fight and found out that a small child lived in the home. Th cops arrested the dad and told the mom that they had to get DHS involved.

S. Douglas Elliott
S. Douglas Elliott answered on Nov 23, 2019

You could be looking at the possibility of DHS filing a deprived petition and your children being placed in DHS custody. You better go at least talk to a lawyer that handles these types of cases to discuss the details.

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1 Answer | Asked in Domestic Violence for Oklahoma on
Q: In Oklahoma in a domestic case can it be dismissed the same day it was filed if the defendant was incarcerated overnight
Brian Boeheim
Brian Boeheim answered on Nov 11, 2019

A criminal case may be dismissed at any time. Normally, they won't file to just turn around and dismiss. The overnight incarceration doesn't normally have anything to do with the dismissal. There seems to be more to this question. If you would like to discuss it further, please feel free to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?

Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started... Read more »

Brian Boeheim
Brian Boeheim answered on Sep 29, 2019

Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.

1 Answer | Asked in Domestic Violence and Child Custody for Oklahoma on
Q: With no evidence of abuse and claiming to sit down in front of lawyers to redo a court order, can this article be used?

Plaintiff wants to sit down and talk to lawyers instead of going back to court but using this article to prevent pick up from defendant. Can it be legally used even with no evidence of abuse?

Hans Otto Lehr
Hans Otto Lehr answered on Sep 19, 2019

I'm not sure what article you're referring to or what Court Order is being "re-done" based upon the information you provided. It is hard to answer your question specifically with this info. However, I would always suggest that you never agree to anything, or sign anything without have a lawyer... Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: How do I get the court to drop a domestic violence case

I gave a statement and I lied on it so he would be taken to jail because I didnt think about him but I was mad and lied so he would have to go to jail

William Jaksa
William Jaksa answered on Sep 2, 2019

It's difficult to have a domestic violence matter simply dropped. For a whole host of public interest reasons, most Prosecutors want these cases dealt with in court and in front of a Judge. But, if you had lied there may be grounds upon which to have the matter withdrawn, BUT you are exposing... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Libel & Slander and Civil Rights for Oklahoma on
Q: Look I.am being wrongfully charged of.harboring a fugitive and set up on a.charge of domestic and.possesion of phaphilal

I have video evidenve of the wife.that has a p.o. against me and she drove 3 hours to come down tonwhereninlive and she.setbit up and gave the cops lhariphilnalia which they said.they seen thru.the windowsband then the.door was kicked in.andntyey they went in and.recovered it from inside my... Read more »

Keegan Kelley Harroz
Keegan Kelley Harroz answered on Aug 26, 2019

You need to hire a local lawyer who has criminal law experience.

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Custody and Domestic Violence for Oklahoma on
Q: Hello my name is Ashlie , I am in need of an attorney, how do I file harassment by other parent in my case

I am I a custody case with absentee father. He wants joint custody now he was going to be forced to pay child support. He never had asked for her snf or bought anything. He currently I'd threatening me, calling g all state agencies trying to hinder me in any way he can. What can I do?

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

What you need to do depends on the type and level of harassment and threats. They may rise to the level of needing an Order of Protection against him. If nothing else, the evidence of harassment and threats may be used in your custody case against him; it doesn't sound like joint custody is going... Read more »

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Can a wife that's 100% disabled and requires aid and attendance be charged with care giver neglect of her husband
Doak Willis
Doak Willis answered on Jun 30, 2019

Yes if the facts show that the wife indeed neglected her husband. Being 100% disabled does not stop someone from possibly committing such a crime.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a da verbally subpoena a witness to testify in a domestic violence case over the phone in the state of oklahoma?
Doak Willis
Doak Willis answered on Jun 27, 2019

No. Subpoenas must be served upon a person to appear in Court on a specific date and time.

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Oklahoma on
Q: I came from NM to Oklahoma with a guy he promised to send me home when I wanted to leave. He refuses now to send me

Can he be held for kidnapping

Gary Kollin
Gary Kollin answered on May 15, 2019

No uou came voluntarily

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1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: Can I legally move out of state with my child to get away from domestic abuse?

My sons father has been emotionally, mentally and at times physically abusive. I'm wanting to move out of state to be with family to get my life back but I do not want to risk losing my son. I need to be with my family and away from his father, but does that mean I have to lose my son?

Kyle Persaud
Kyle Persaud answered on May 9, 2019

No. You can move out of state without losing your son.

The rules for a parent relocating are as follows:

If either party (“the relocating party”) intends to move his or her primary residence or intends to move the primary residence of the minor child of the parties over...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Hubby is in Anna McBride program and in rehab. Can they do a home visit while he's gone?

He's at the VA hospital in Leavenworth,Kansas for the next four months. He told me that just because he's gone that the woman that runs the program and the compliance officer could still come do a home visit/search while he's gone. Wouldn't that be harassment since he's not here?

Keegan Kelley Harroz
Keegan Kelley Harroz answered on May 6, 2019

Can who do a home visit? and for what purpose?

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can you be prosecuted without the victim or witness?
Frank A. Urbanic
Frank A. Urbanic answered on Apr 9, 2019

Succinctly... yes

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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Accused of domestic a&b.family feud between sisters.victim had me watch her baby for 3 weeks and then talked crapthenwe
Keegan Kelley Harroz
Keegan Kelley Harroz answered on Jan 31, 2019

You need to hire an experienced criminal defense attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: How can I file for a motion to dismiss
Keegan Kelley Harroz
Keegan Kelley Harroz answered on Jan 29, 2019

DO NOT try to represent yourself. In criminal cases most judges will require you to hire an attorney. You need to hire an experienced criminal attorney to help you with this case.

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