Lawyers, Answer Questions  & Get Points Log In
Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Family Law and Domestic Violence for Oklahoma on
Q: if you are 17 and pregnant and don't feel safe in your home can you leave?

I have the support from a cop and his wife that i lived with last time my dad was on drugs. i also have audio clips of him hurting my step mom. i just don’t want me or my baby around him

Jessica Brown
Jessica Brown
answered on Mar 24, 2021

I am so sorry to hear you are in this position.

Minors who are 17 can, if they are able to support themselves financially (and other considerations) petition the court for emancipation. That is a process where the court does what is called “grants rights of majority.” Essentially, the...
Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can DHS take my kids if I don't testify in domestic violence case, if they were not present or living with abuser?

I was the victim of a domestic assault. He was arrested and I was taken to hospital. My kids were not present and we were no longer living with the abuser. DHS has gotten involved, can they take my kids if I don't want to testify or press charges?

Jessica Brown
Jessica Brown
answered on Mar 22, 2021

This is tricky.

First, I'm so sorry that you were treated this way by your abuser. It's a lot to go through.

It is possible that DHS could investigate you for "failure to protect" if your children have been around any domestic violence - but especially if you...
Read more »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can I decide two weeks after a domestic violence incident to call the police to press charges
Charles Watts
Charles Watts
answered on Feb 16, 2021

Yes however by waiting that long a lot of physical evidence will be gone and therefore a lot of what the DA would need to prosecute won’t be of record. However, waiting is often common because in domestic issues there is usually an element of fear if they file charges, so it is still worth filing... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I've been subpoenaed to testify against my ex-boyfriend in a domestic abuse case

can I say that the details are foggy or I don't remember exactly what happened that night even though I have written a statement the night that it happened and not get in trouble?

Brian Boeheim
Brian Boeheim
answered on Feb 4, 2021

The cannot prosecute you for not testifying. You have to show up if you are subpoenaed, but they can't force you to testify. There is literally a statute that prevents them. You can always tell them that this was a misunderstanding and you do not want to testify.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: In Oklahoma, Kay county specifically, I was subpoenaed in a DV case against my partner. Do I have to testify?

February 2020, a situation arose, I never called the police, my adult son did. Partner was arrested and charged with kidnapping me. I didn’t want to press charges, but I did under pressure from my son. I went to the DA’s office a few days later and told them I wasn’t going to testify. I have... Read more »

Tracy Tiernan
Tracy Tiernan
answered on Feb 2, 2021

This is a very difficult situation for you. It’s also an incredibly common situation in most domestic violence cases where the alleged victim doesn’t want to put daddy or boyfriend or family member or roommate in jail or prison. Well, you certainly COULD get arrested for a misdemeanor... Read more »

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: What does it mean when it says matter striken pending service to be reset by either party?

He filed for paternity and custody after I filed a protective order. He is not on the birth certificate. I moved and did not know he filed. He now has criminal charges pending for domestic violence. Is the paternity case dropped? Or will I be served for that when I receive the subpoena to testify... Read more »

David A. Cincotta
David A. Cincotta
answered on Feb 1, 2021

stricken generally means that any hearing that was scheduled to occur has been cancelled for now. It appears that he was required to serve you with notice of the hearing and failed to do so; therefore, the court would not conduct the hearing. The hearing could be reset, but he will have to take... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Disposition set for njt. What does that mean? Does that mean he has reached a plea bargain?
David A. Cincotta
David A. Cincotta
answered on Jan 5, 2021

NJT is likely short for non-jury trial. Assuming that is correct, what it means is that the case set for a trial before a judge only, where the judge will not only decide the law but also rule on the facts, weigh credibility of witnesses, etc. From what you provided, there is no indication that a... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Oklahoma on
Q: My husband has a 1st offense dv a&b w / strangulation, what happens if I want the charges dropped?

I didn't want him arrested, there was no asphyxia as I could still breathe. There is no bruising. I don't want to press charges. I want him released, but I don't know what to do to make that happen.

David A. Cincotta
David A. Cincotta
answered on Dec 30, 2020

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 »

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 Domestic Violence and Family Law for Oklahoma on
Q: what to expect with first offense domestic a&b charge?

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 »

Brian Boeheim
Brian Boeheim
answered on Dec 2, 2020

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 »

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: False allegation of abuse

Can you get your child back after there is a false accusation of abuse to your child by your fiance

Pete David Louden
Pete David Louden
answered on Nov 18, 2020

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.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Need help keeping intimate partner from going to jail?

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 »

Pete David Louden
Pete David Louden
answered on Nov 10, 2020

At this point it sounds like you need to do two things:

1. Your partner needs a criminal defense attorney right now to fight any criminal charges.

2. You need a family law attorney to help you with DHS, now.

Where many people go wrong is they wait too long to get help. Do...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: My son is in prison on a drug charge and domestic assault and battery by strangulation on me. This is second time.

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?

David A. Cincotta
David A. Cincotta
answered on Nov 5, 2020

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 »

1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Domestic violence case against intimate partner, how can I keep him from going to jail?

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

David A. Cincotta
David A. Cincotta
answered on Nov 5, 2020

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 »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Ongoing domestic violence court case against intimate partner and I do not wish to testify, legal punishment for me?

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 »

Brian Boeheim
Brian Boeheim
answered on Sep 28, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I was intimidated and threatened by my ex to call the da’s office and drop charges against him for choking me.

I made the call out of fear. However I do truly wish to proceed with pressing charges. Should I call the da’s office back and tell them what’s going on?

Andrea Worden
Andrea Worden
answered on Sep 8, 2020

Many DA's offices have "victim/ witness" departments to answer these types of questions.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: As a victim in a domestic violence case, can I be punished for refusing to appear or testify in court?

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?

Brian Boeheim
Brian Boeheim
answered on Sep 6, 2020

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 »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What law is broken when a defendant fails to adhear to the conditionds of their bond?

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.

Brian Boeheim
Brian Boeheim
answered on Jul 21, 2020

If the Defendant fails to follow the court's ordered conditions of bond, then the Judge may increase the bond, or place the defendant in jail held without bond until the case is completed.

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Does a P.O. cover the plaintiffs children?

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.

Pete David Louden
Pete David Louden
answered on Jul 9, 2020

It depends on if the children are listed on the protective order.

View More Answers

1 Answer | Asked in Domestic Violence and Civil Litigation for Oklahoma on
Q: My mom was given a vacat order by her sinificant other of 20 years plus. He continues to stay in the house with her. He

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

Brian Boeheim
Brian Boeheim
answered on Jul 6, 2020

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 »

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.