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Oklahoma Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can a deferred sentence be reduced over time?

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.

Doak Willis
Doak Willis
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

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What is the procedure in court for a domestic violence an b by strangulation by strangulation isnt right

The police officer had made a statement that I had marks on my neck I said I dont think he chokes me she said there are marks on ur neck and took pics and it was put in report that he choked me I have mad a written statement to the fact of what happen what is process now and will they drop the... View More

Doak Willis
Doak Willis
answered on Dec 30, 2018

You should go to the District Attorneys office where the charges were filed and speak to the assistant D.A. who has been assigned the case. You need to clear up your statement that you made to insure that indeed you told the investigator that you don't think the person charged choked you. You... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can someone else fill out a protective order for me to sign?
Stephen LeRoy Cale
Stephen LeRoy Cale
answered on Sep 22, 2018

Yes. There is nothing wrong with that. Many times a domestic violence intervention worker in some counties will fill out the paperwork for you to sign. Keep in mind that you are signing the document under oath. Make sure the content is correct before signing it.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can they press domestic charges against my s/o with witness accounts only. having never seen me or me talked me?

There was a one sided domestic dispute between my s/o and I. My daughter was in the car and it took place outside the vehicle. Two strangers saw the incident called the police. A react van happened to stop took my dL info then asked me questions but all I said was I'm fine I'm okay. Then... View More

Pete David Louden
Pete David Louden
answered on Aug 17, 2018

If you are asking if eye witness testimony can be used in a domestic violence proceeding, the answer would be yes. If there is sufficient evidence of a crime the DA can file criminal charges.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: When will I receive a check for testifying as a witness during a preliminary hearing in Oklahoma?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 25, 2018

If you have received a subpoena, you should check in with the court clerk's office, and fill out a form for the fee and vehicle mileage.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I got into a physical altercation with a friend resulting in self defense but the friend pressed charges that I cause it

I was helping her out by letting her stay with me due to her being homeless. She started a fight with me striking me several times before I eventually struck her back. She told the police that I beat her up on purpose about money without mentioning she started. Now im charged with domestic abuse... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 13, 2018

The DA won't help you. You need a lawyer. If you truly can't afford one, apply for a court appointed one. You do NOT want a conviction for this on your record. Good luck

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Planintiff isn’t paying court ordered lawyer fees and my lawyer is threatening to take me to small claims court.

Am I responsible to pay these fees after the plaintiff was court ordered to? In the beginning my lawyer told me not to worry about it, he was sure we would be awarded court fees and cost to be paid by the plaintiff.

Richard Winblad
PREMIUM
Richard Winblad
answered on Jun 11, 2018

I agree with Keegan. If you know where your opponent works or banks your attorney should be able to issue a garnishment. The attorney would automatically be entitled to additional attorney's fees. If you don't know this information the court can order a hearing on assets.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Must a victim agree to file charges for domestic abuse or can the police file on their own?

Police were called by third party who witnessed and they gave statements saying they saw the abuse. Victim confirmed abuse but no arrest was made that night, victim left to stay with extended family. This also took place in front of their minor child

Stephen LeRoy Cale
Stephen LeRoy Cale
answered on Jun 9, 2018

The victim does not have to agree. The police will turn in a report to the district attorney's office, who will decide whether to file charges.

Q: While I was in a relationship we shared a computer,separate profiles & passwords. Is the info. on my profile protected?

While dating I made an account on my boyfriend’s Mac computer. After the breakup he went into my profile to get my iMessages. Once inside my profile (on his computer), without my permission. he found sexual fantasy text messages and is threatening to send them to my parents or destroy my chances... View More

Robert Donald Gifford II
Robert Donald Gifford II
answered on Apr 7, 2018

It is not, however you should contact the other party to advise they have no consent to access your private accounts. You should also seek to protect those accounts. Should those accounts be accessed, it can constitute an illegal “hacking,” and you should file a police report immediately.

1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Legal Malpractice for Oklahoma on
Q: I feel my judge is being biased.

My wife is currently trying to divorce me. I show up at the courthouse with police records and photos proving I was physically assaulted by her. I also had DHS documents proving that she was considered to be neglectful towards our son. She shows up with nothing but her word and tears and my... View More

Pete David Louden
Pete David Louden
answered on Apr 4, 2018

Did you have an attorney?

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If Charges are filed on someone for Kidnapping, Domestic Abuse, and pointing a firearm at another and a few more.

It was a couple common law married he was holding her in the room at gunpoint and the state is pressing charges. What is the likely sentence he would get for this. Is it jail time or prison time and about how many months or years.

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 21, 2018

It's impossible to answer this one. His attorney can get a recommended sentence from the DA.

1 Answer | Asked in Domestic Violence, Family Law and Juvenile Law for Oklahoma on
Q: If my friend is being emotionally/mentally abused by parents, can they move in with me. We are both minors (15)

I have witnessed them being called names and told they were useless. They want to get out because of their parent's constant bullying and denagrating behavior towards them. Can they move in with me without parental permission? I want to help them get out of there. They are not a disobedient... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2018

Ask your friend to Call DHS in Pryor for help with this. They can get your friend to a safe place. If your parents approve, it might be your home.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If domestic violence call was made no parties were arrested no charges pressed one party was ask to leave for the night

No police report filed do police still file a report an how do I find out

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2018

Probably, ask at the police department. You may need to file an open records act request to get it. If you don't know how to do this, You should consult an experienced Family Law Attorney, in your area, for help with this problem.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Oklahoma on
Q: How do you file charges for adult with mental disability that has his brother petrified of him

I have 2boys that are mentally disabled one of them tortured his older brother to the point he was petrified and couldn't

Fuction while the other boy was in my

Home and he is on probation already for

Domestic abuse

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 6, 2018

You should call DHS Adult Protective Services and ask them for help with this issue. They have lots of options, and I'm sure they can provide assistance. Good Luck.

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is a felony domestic violence warrent extraditable?

Left ex and moved out of state and now i have a warrant

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 21, 2018

Yes, as are all felonies. Your best bet would be to voluntarily return to Oklahoma. You should have an attorney to represent you when you surrender. The Warrant will then be recalled. It really beats all of the inconvenience and cost associated with arrest where you now live, and perhaps days in... View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Arrested disposition: referred to DA, misdemeanor AB in presence of child, 11/6/16. Can charges still be filed?

Arrested, never arraigned, just released. DHS did investigation since foster child was in our care, found isolated incident, no referrals made. It was a scuffle over cell phone which ex took due to unwanted divorce (still staying in same residence), woke me up middle night, taunting, angry over... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 20, 2018

Don't worry about the old incident? Just file now, and be prepared to prove your claims.

Please visit my website www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: My boyfriend was recently arrested for domestic abuse. There is no restraining order. Are we allowed to talk
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 17, 2018

Probably not. Most judges, as a condition of his bond will order he have no contact with the victim.

1 Answer | Asked in Domestic Violence and Family Law for Oklahoma on
Q: I have sole custody of 4yr old and protective order on mother. Is child no contact also or have to be listed on order?

Someone told me that even though I named my child and age in the additional petitioner information box to the right that I have to name child in with mine in the petitioner box where it says "and or on the behalf of minor family member(s)" for child to be under the no contact order if... View More

Pete David Louden
Pete David Louden
answered on Feb 13, 2018

To give an option on a legal document would require seeing the document. Best thing to do is meet with an attorney and after reviewing the document they will be able to answer your questions.

1 Answer | Asked in Immigration Law and Domestic Violence for Oklahoma on
Q: My husband has warrant for DV on him from a prior relationship and is on ice hold, is there anything that can be done?
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 9, 2018

You should consult an experienced Immigration Law Attorney, in your area, for help with this problem .

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Can an assault and battery with a dangerous weapon be reduced to a misdemeanor?
Gary Johnston Dean
Gary Johnston Dean
answered on Feb 5, 2018

Yes, but it is totally up to the DA to do this.

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