First, your husband needs an attorney. The charge is a serious one. Once the case has been submitted to the DA by the police, the decision on whether to proceed and how to do so rests with the prosecutor. You may no longer wish for the prosecutor to proceed (whether through a declination of charges...Read more »
My brother was arrested yesterday for domestic a&b after my sister attacked him. She pressed charges against him but he did not against her. She wont show up to court she is addicted to drugs and hardly there. What should I expect? I am very scared he is going to get prison time over this. She... Read more »
If it is a first offense, it should only be a misdemeanor. That means the worst he can get is 1 year jail time. If she is not going to testify against him then most likely it will be dismissed unless he gave a statement incriminating himself or someone else witnessed the altercation and they are...Read more »
Whoever is accused of abusing a child needs to hire an attorney right now and not make any statements to anyone without an attorney. Where many people go wrong is they wait too long to get help and end up with a mess an attorney may or may not be able to clean up. Get help now.
Charges are assault by strangulation, domestic violence, interrupting a 911 call and avoiding the police, dhs is involved and I feel like I'm gonna lose my intimate partner and child and I cant do it, if that happens I wont be able to go on in life if I lose my child, I need a way for me to... Read more »
I know as of November 1st domestic abuse by strangulation will be considered a violent charge in oklahoma. He is a repeat offender of assault on me. Will he now have to serve his 85% of time since he is in prison now and will still be when the law comes in affect?
Two things. Not all violent crimes are crimes subject to the list of crimes in which inmates must serve 85% of their sentence before being eligible for release. In this situation, the Legislature amended the list of violent crimes to include several domestic abuse crimes; however, those same...Read more »
We were suppose to be engaged and married before all this happened we have a 1 year and 6 month old daughter, i dont want to have a broken family and neither does he, he is a great man and has a very big heart, this is his first offense and he had a clean record, every detail counts please help
If he has an attorney, speak to his attorney. If he does not yet have an attorney, he needs one ASAP. Without knowing the allegations, facts, and the charges, it is difficult to say what will happen. The State generally try to proceed with its prosecution, if it can, even if the victim does not...Read more »
Domestic violence case, this is a preliminary hearing, I want the charges dropped, we have a daughter together but shes not with me or him, shes with my mother and that i have to be served papers and if they dont then his charges will be dropped and so far no papers at all have been served to me at... Read more »
You are correct, the DA cannot charge you or in any other was threaten you to testify if you are the victim. With that said, that does not prevent DHS from opening a case. This happens more than it should.
The service of a subpoena is not the real issue. The issue is your willingness to...Read more »
I do not want to testify or help aide in the conviction of my intimate partner in an ongoing domestic violence case. If I’m subpoenaed and I refuse to show up to court and testify what legal action and punishment could I face?
If you are subpoena'ed you should show up at court. The subpoena literally is a court order for you to show up. Now whether you have to testify is another thing altogether. There is a statute in Oklahoma that prevents the DA's office from prosecuting a victim. So, they cannot...Read more »
In a domesric a and b defendant makes bail but as a condition he is to have no contact with victim . but does anyway until she files a PO that he violates then bonds out on violation. With same bond conditions . and disregards them.
My granddaughter has a P.O. against her ex boyfriend for domestic violence. They have twins together. She wants to enroll them in school. The school insist that the fathers name has to be on the list of who can pick them up.
He is rude and goes to his girlfriends then comes in and gets in bed with her. She has been sick and her immune is low. Mccurtain county has had 500 caronivirus in the last 2 weeks. They 5 the in the state now by county. Can he not be told to stay away till we can move her. We still have 24 days
I am confused on what the relationship is between your Mom and this guy. I would like to look at the order to vacate, seems funny to me. Seems like she either would have to get out immediately as a trespasser, or she has some possessory rights? I don't think an eviction should stand based...Read more »
On August 12, 2016, my girlfriend at the time/mother of my child whom I had lived with since 2010, filed a protective order against me following an argument. I was served on August 17, 2016 and an EPO was issued. I stayed at a friends house for 2 days and she came and picked me up. I was at home... Read more »
The slight name error is not an issue and will be overlooked as what is called a scrivener's error by the court. What is in place is a Protective order (PO), not a VPO, which stands for Violation of Protective Order. As the person asking for the protective order, she cannot violate the...Read more »
The police came to my home in February of 2020 due to an argument my girlfriend and I had. I was not arrested and she did not press charges nor file a protective order against me. Everything has been fine since then. On May 12th 2020, my girlfriend received a letter in the mail naming her as a... Read more »
Hire a lawyer! Don't make any statements to anyone, especially the police. Do not ask you girlfriend not to testify, because that could be construed as witness tampering, or intimidating a witness. The DA has 3 years to file charges. They also don't need your girlfriend's...Read more »
We had an altercation to which I went to the hospital and was pushed to put a protective order against him by the advocate. I asked the detective to help him as he just lost his gma and broke his neck in a car wreck and was out of his mind quite literally. The protective order was dismissed with a... Read more »
They cannot force you to testify. Oklahoma statue prevents the prosecutor from holding the victim of a crime liable. They may still subpoena you, and you have to show up, but you do not have to testify. You should hire an attorney for your boyfriend right away to get ahead of this. You want to...Read more »
They cannot force, but they can sure threaten. Their argument is if she doesn't follow through, then she is endangering the children, and they can potentially take the kids away and for a deprivation hearing. If they are successful, they can put her on a plan, which most likely will involve...Read more »
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 »
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...Read more »
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 »
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