Get free answers to your Domestic Violence legal questions from lawyers in your area.
I want to know if I can get a divorce in Oklahoma without serving my husband, who is currently in prison. We've been married for three years and have no children. I'm in a dangerous situation because he is a shot caller in a gang, and I just want the divorce.
answered on Mar 24, 2025
I’m sorry to hear about your situation. However, our judicial system and constitution makes sure people have a right to have notice and an opportunity to be part of a judicial proceeding in which they are a party to.
You would have to get him served, but you can request this be done with... View More 
I am 15 years old, and my dad has half custody of me. My mom is involved in a court case, and recently, my dad and stepmom filed an emergency custody order against my mom. In the past two weeks, my dad and stepmom have been fighting with me, and my stepmom got into a fistfight with me. Although my... View More
answered on Mar 14, 2025
Your preference is only a factor the court will consider when determining your best interest. There are multiple factors the judge uses and yes you preference is one of those factors.
You would need one of your parents to contact their lawyer and insert the preference. Good luck.
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answered on Jul 28, 2024
In Oklahoma, it's generally required for a minor, especially one who is disabled, to have a guardian present when signing legal documents or appearing before a judge. This is to ensure the minor's best interests are protected and that they fully understand the implications of any legal... View More
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answered on Nov 12, 2023
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 law prohibits anyone convicted of... View More
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
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answered on Nov 7, 2023
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
If I have a disability what motion can I file that prohibits any court procedures continuing
answered on Oct 24, 2023
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
My ex husband’s lawyer says I clipped them where I wanted to. So they can’t be admitted into evidence.
answered on Sep 18, 2023
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.
Best of luck!
answered on Sep 5, 2023
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
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answered on May 8, 2023
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
consequences for the mother if she drops charges and a protective order? He doesn’t live in their home. She was told she could be charged with a misdemeanor. Is that true?
answered on Mar 28, 2023
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
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answered on Mar 16, 2023
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
answered on Feb 28, 2023
A victim cannot suspend a VPO. Once ordered, only the court can vacate the order.
Best of luck!
Its a domestic violence case, I was not there but was on phone with victim, call got dropped and no answer when I called back, so I called the police.
answered on Dec 15, 2022
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
They are a alcoholic with mental health issues. Can they be sent to rehab instead of jail. They have a serious problem and need help. Could the court order it or is it mandatory jail.
answered on Oct 4, 2022
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
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answered on Sep 19, 2022
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
Oklahoma Emwrgency exports order
answered on Jul 3, 2022
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
answered on May 12, 2022
You CAN represent yourself. That does not mean you should represent yourself. In criminal cases it is always advisable to get an attorney.
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?
answered on Apr 4, 2022
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
answered on Mar 16, 2022
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
answered on Dec 22, 2021
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
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