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... View More 
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... View More
No physical violence took place and I was not detained I have felonies involving a domestic case from 2017
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... View 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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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.
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... View More
answered on Jan 8, 2020
You must borrow the money to hire an attorney to help you get a divorce and support.
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.
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.
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... View More
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... View More
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.
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?
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... View More
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
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... View More
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?
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... View More
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.
answered on Jun 27, 2019
No. Subpoenas must be served upon a person to appear in Court on a specific date and time.
Can he be held for kidnapping
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?
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... View More
answered on Jan 29, 2019
according to section 504 of title 22 of Oklahoma statute after preliminary hearing the defendant can file a motion to dismiss. he must established beyond reasonable doubt that there is insufficient evidence. after setting motion court will issue notice to all parties and a hearing date is fixed.... View More
My husband has a 7 year deferred sentence. He has done one year so far. He has all his fees paid off and only has 3 more classes left that we're court ordered. I was just wondering if it was possible to get his sentence reduced anytime.
answered on Jan 21, 2019
There is a method of reviewing his sentence but can only be accomplished with the consent of the District Attorney at this point. It would take hiring a good criminal defense attorney who could possibly get the DA to agree. At that point the attorney could file the paperwork to get the case back in... View 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.
