Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Oklahoma Domestic Violence Questions & Answers
2 Answers | Asked in Domestic Violence for Oklahoma on
Q: If you have a domestic charge from your wife and went to prison. But when released you get back together and now she the

abuser. Can you file a restraining order against her? In Oklahoma

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 30, 2017

Yes, however if she denies it, with your history, a judge will tend to give her testimony more credibility. I suggest that when it happens, you try to document it with video, or audio recordings. Good luck. Unfortunately most tend to characterize the male as the abuser, but from my 12 years as... View More

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: In a A&B trial If DA is aware that victim's testimony about sustaining a concussion is a lie, is that a Brady violation?

Victim testified that her injuries were severe enough that emsa took her to the hospital where she says they told her she had sustained a concussion. This was her excuse to why she couldn't remember as her answer every time defense counsel asked a relevant question to the great detail she... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 29, 2017

YES, it would appear to be, IF the DA had evidence that no concussion was suffered. Ask your lawyer to look into it.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What requirements does the state have to meet to refile a 1st offense violation of protective order as a felony?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

It can be refiled as a felony if the victim suffered "great bodily injury". See 21 OS 644. Search on www.oscn.net.

Please visit my website, www.garyjdean.com, for information on Oklahoma Law, and at the bottom of the home page, if you "Subscribe" you will get periodic...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: A friend of mine is in jail and has been there for 2 months he is going to his pre preliminary hearing on the 6th.

his charges are assault with a dangerous weapon, domestic assault & battery then 2 malicious injusry to property under $1000.00. The women(ex gf) has wrote a letter to the DA that she doesn't want to push these charges, that things got out of hand. Could you tell me what your professional... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

Candi, since I don't practice in McIntosh county, I don't have any insight, or history of dealing with the DA or the Judges, so I'll just give my general thoughts on this.

If the Ex GF doesn't want to press charges, this does not mean cases will be dismissed. However,...
View More

2 Answers | Asked in Domestic Violence for Oklahoma on
Q: Me and my fiancè got in a fight to where i pushed him and he pushed me to the floor.

My mom called the cops but i didnt want them there. They made me make a statement but I didn't press charges. I told them I just want to get clothes and say something where else he could stay home. By the end of the night they said that they would issue a warrant out for him. But I didn't... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 28, 2017

Gee, I thought I answered this questions a few days ago.

You both are just going to have to wait and see if the DA files any charges. The police can't do this, they just have to file a report, and submit it to the DA who will make the decision. You can check daily on the court website,...
View More

View More Answers

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: The state is charging my fiancee with assault and trying to put a no contact order out, what can I do to get it dropped?

We live together and a no contact order would put one of us on the street, he never actually hit me but police kept insisting he beat my ass and took pictures of some red marks that were gone within minutes, I didn't want them to even arrest him and his court date is tomorrow for a bond... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

Sorry I didn't see this earlier. It's probably been resolved by now, if not, ask the question again.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe" to get email updates on Oklahoma law....
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can I reopen a domestic assult and battery case? It was dismissed and I was not aware of the court date.

My ex broke into my parents home and went out the back where she began hitting me and trying to take our daughter on my time. She then got in a physical altercation with my (girl) that was a friend at the time while my sister called the cops. My ex was arrested and police report was filed. Next... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

NO, the statute of limitations of 2 years has now run on this incident. You should have contacted the District Attorney right after it was dismissed.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe"...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: I am 17 in oklahoma but my family refuses to let me leave the house and get a job though I'm not grounded, any advice?

She screams at me and she threatens me when I ask to go to the doctor for health issues I am concerned about. I ask about my wrist and if it's injured but she says it's not and if I persist she threatens to break my hand. On other occasions she says anything other than school is a... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

I am so sorry that you have all of these problems to deal with. Have you talked to your dad about this? Is he able to help? If he's not in the same home as your mother, can you go to live with him?

The best source for "free" advice with this is to talk with your school...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: What can happen if it's your first time getting charged with domestic assult and assult wyh a weapon

He is out on bond

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

These are very serious charges, and an experienced criminal law attorney should be hired immediately to help with this problem.

Please visit my website, www.garyjdean.com, to explore issues on Oklahoma law. On the homepage, at the bottom, you can "Subscribe" to get email updates...
View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: Is it legal for the D.A to say my kids can't come home because I chose not to press charges on my husband?

She took my kids out the home because me and my husband had a domestic situation. They said they took the kids out of the home because they feared for my safety as well as my kids, he is now locked up and they still will not give me my children back.

Pete David Louden
Pete David Louden
answered on Nov 22, 2017

Hire an attorney asap!!

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Oklahoma on
Q: I currently have a Misd Dom A&B from 2007/2008, and 2015 GRoss Mis Conduct, can I possibly get these off my record?

the Dom A&B was a deferred but for unknown to me reasons they revoked it within a week of it going off my record

the misconduct is a deferred and I don't know how about getting it off my record (i thought they just fall off)

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 13, 2017

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

My My website, http://www.GaryJDean.com in the blog section has info on Expungement.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: How can the court deny a bond reduction motion based on alleged Dom violence victims statements?

My boyfriend was arrested 8/25/17 on an alleged dom violence A&B case as well as several other charges, based on his ex’s alleged statements to police. He does have a public defender but she is so overworked that she has not been any help to him, doesn’t return calls, hasn’t tried to... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 7, 2017

Sorry, but since you can't hire a private attorney, you're going to have to rely in the Public Defender.

You should have your boyfriend sign a letter authorizing his attorneys to discuss his case with you. Be sure to include your phone, mailing address, and email in the...
View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: Can I have a boyfriend during a divorce? It's a sticky situation and my ex could be looking at jail time...

Basically, my ex has done some pretty awful things, I'm talking child porn awful.... Molested my little cousin awful.... We've been split for a few months and currently I have a PO against him for the safety of my children. I've recently met someone new and we've developed... View More

Jason Perkins
Jason Perkins
answered on Nov 5, 2017

You are allowed to have a boyfriend during a divorce. With the facts you presented I would certainly recommend that you hire an attorney. It would not be the best idea to live together during this time and sometimes the judge will even issue a court order saying you cannot.

View More Answers

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If someone is supposed to be in a 52 week batters class what will happen since he's not in a class?

He's been supposed be finishing this class for a while. He got in the class court ordered in 2014 for domestic assault and battery in front of a minor. He keeps getting kicked out for not going. And he hasn't been in a class since his last court date and he goes back to court in a month.... View More

Frank A. Urbanic
Frank A. Urbanic
answered on Oct 14, 2017

Probably go to jail or prison depending on whether it was a misdemeanor or a felony, respectively. He needs to start the class ASAP and hire an attorney. Nobody can force him to go to the class. If he doesn’t want to do the class then he can get locked up. Simple as that.

1 Answer | Asked in Domestic Violence, Child Custody and Juvenile Law for Oklahoma on
Q: I have a protective order against me and dhs got involved because she got called in on for suicide wats my options?

The protective order is the reason the judge says I can't get them they haven't got any reason besides that.

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 2, 2017

Your questions are not totally clear, but I think you're saying the mother of your children has a Protective Order against you, is now unstable, threatening suicide, DHS has your kids, and the Judge and DHS won't let you have them because of the PO. This being the situation, Oklahoma... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Is it hard to prove a making threatening act's of violence and interfering with an emergency phone call?
Gary Johnston Dean
Gary Johnston Dean
answered on Sep 28, 2017

It's not too difficult. If 911is called, they have a record of it, and a recording of anything being said. This is admissible in Court.

On making threats of violence can be more difficult if made in person, or by phone, if the call is not recorded. If by text or email, or other...
View More

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: I received a subpoena on my door today (wasn't home) for a domestic violence case. Do I legally have to go as a victim?
Frank A. Urbanic
Frank A. Urbanic
answered on Sep 20, 2017

Consulting with an attorney first is the best course of action. They can tell you your reponsibilities the effect of inaction.

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can my ex file mutual domestic a&b on me?

There were witnesses i pressed charges he made bond now and I was told he is filing mutual domestic a&b on me. He doesn't have anymarks on him at all I'm the one with a bite mark scratches bruises and a busted lip. Can he really press charges on me after he's been bonded out?

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 6, 2017

It's highly unlikely that the DA would file such charges. Don't worry about it.

Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks

1 Answer | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: Why is bail set so high?

My bf got arrested on 8/29 when his father called the police bc they got into a physical altercation. After 2 days of calling the clerk's office for info, they gave me a bond amount of $25,000! I asked what was he being held for? The woman told me it was for a failure to appear and for $300... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 1, 2017

My best bet is that he owes the court about $2500 in fines and costs. SOME Judges set bail on costs cases at 10 times the amount owed. Fees from a bail bondsman for a $25000 bond would be 1/10th of the

bond, or $25,000.

Get it? He might as well payoff fines, rather than...
View More

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: i am 15 years old and my mom put a restraining order against my aunt so she could no longer see me how do i remove it
Gary Johnston Dean
Gary Johnston Dean
answered on Jun 24, 2017

You can't! Only your mom can ask the court to dismiss it.

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.