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Oklahoma Domestic Violence Questions & Answers
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.

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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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: was arrested on a warrant. I wasnt told my Miranda Rights nor shown the warrant. And publicly humiliated plz help

Details are as needed cause It is hard to describe everything is this little area.

Pete David Louden
Pete David Louden answered on Jun 27, 2020

One of your most important rights is the right to remain silent. This means do not talk about your case with anyone other than your attorney and stop posting details of your case on the internet!

Delete your question and hire a criminal defense attorney right now!

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim's name is wrong on a VPO is it legally binding/valid?

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 »

Brian Boeheim
Brian Boeheim answered on May 18, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: How long does the DA have to press charges for domestic assault if the other person didn't press charges?

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 »

Brian Boeheim
Brian Boeheim answered on May 18, 2020

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 »

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What can I do to get charges and a warrant dropped against my boyfriend that I didnt want pressed.

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 »

Brian Boeheim
Brian Boeheim answered on May 7, 2020

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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: can Dhs order my girlfriend to obtain a protective order because of a police report?

No physical violence took place and I was not detained I have felonies involving a domestic case from 2017

Brian Boeheim
Brian Boeheim answered on Mar 11, 2020

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 »

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... 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 »

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