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Oklahoma Questions & Answers
1 Answer | Asked in Criminal Law for Oklahoma on
Q: My ex filed a p.o. on Me and was granted an e.p.o. my ex has continued to message and email me about 15 times last count

What do I do

Tracy Tiernan
Tracy Tiernan
answered on Jan 26, 2025

Emergency protective orders are usually not a two-way street unless specified by the court. In other words, you are prohibited from contact with her, but she is not likewise prohibited from contact with you. It is frustrating and confusing for certain.

My advice would be to record and...
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Q: Hello!Is it legal to use the LYRICS ONLY of a song in a YouTube video? As in, a cappella only my own voice?

I'm a streamer playing Minecraft, Fortnite, etc. and know not to use the actual audio of a song (unless it's copyright free or old enough, etc.), but I'm not sure if I can just sing a pop song by someone famous without potentially getting into legal trouble... YouTube hasn't... View More

Sarah Teresa Haddad
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answered on Jan 25, 2025

If you are seeking to use the captions from a YouTube video as your own lyrics, this may be considered copyright infringement if you are not using the captions for a different purpose, such as for education or commentary purposes in Fair Use.

Captions to a YouTube video are justified for...
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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My name was removed from my 50 acre ranch without my knowledge or permission by my estranged girlfriend.(Oklahoma)

She apparently forged my signature and claims in the paperwork that I sold the property to her for $10.00. Her mother-in-law is a notary and I believe it is her signature and stamp that is affixed as the sworn witness. What are my options?

Anthony M. Avery
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answered on Jan 17, 2025

Hire a competent OK attorney that litigates real property now. Causes of Actions include setting aside a fraudulent deed, suing the notary and her surety on the notary bond, and conversion. Criminal sanctions may lie, but your lawyer can only pursue civil remedies. Try to ascertain all... View More

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: My adult son died without a will. He had a mortgage on his home. Can the bank take the house, if I am able to take over

My adult son died without a will. He had a mortgage on his home. If I am named executor and am willing and able to take over his mortgage payments can the bank take the house if it's worth more than he owes?

James Tack Jr
James Tack Jr
answered on Jan 10, 2025

I am sorry for your loss. When your son died without a will, his property passes by intestacy to his heirs at law. Those generally are his spouse, children, parents, if any. Their right to take is dependent on a variety of factors. If the mortgage payments are delinquent, the bank could seek to... View More

1 Answer | Asked in DUI / DWI for Oklahoma on
Q: I have a past 3 year old DUI on my driving record can that be expunged?
Josh Davis
Josh Davis
answered on Jan 1, 2025

If it was a misdemeanor, you are eligible to have it expunged a year after the dismissal or completion of a deferred sentence.

1 Answer | Asked in Family Law, Adoption, Child Custody and Probate for Oklahoma on
Q: What legal rights does parents have regarding a CPS case?

CPS removing child from home and what they can and cannot say and do to the PRFC regarding the removal and treatment towards the parent

Danya Bundy
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answered on Dec 25, 2024

If a child is believed to be a victim of abuse or neglect, the state may intervene and remove the child even temporarily until the threat can be more fully assessed. Parents who have been contacted by child welfare or who have had a child removed should contact a qualified juvenile deprived... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: How to petition/motion the court for visitation by parent with my infant child who is under a guardianship in Oklahoma
Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

If there is an open guardianship, you will need legal counsel to help you file a motion for visitation. You will need to be able to demonstrate that you are the parent. If you are the alleged father, you may have to undergo genetic testing. You will also need to be able to show that it is in the... View More

2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Can you sue for domestic violence or assault after the 3 year limitation if you have enough proof ?

I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof

Aaron Bundy
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answered on Dec 25, 2024

Limitations on claims are governed by statute and are usually so fact-sensitive that you need to speak to an individual lawyer as soon as you can to determine whether you may bring a claim. With that said, Okla. Stat. tit. 12 § 95 places a one year limit on civil claims for assault & battery.... View More

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2 Answers | Asked in Family Law and Domestic Violence for Oklahoma on
Q: Can you sue for domestic violence or assault after the 3 year limitation if you have enough proof ?

I am wondering if it is legally possible to sue after the 3 year limitation if i provided enough proof

Danya Bundy
Danya Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

Most civil claims have an applicable statute of limitations that defines the window, or time period, when you may bring a claim. Generally, a civil claim for assault or battery must be brought within 1 year of the event. You should speak privately with a lawyer if you wish to assess your specific... View More

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1 Answer | Asked in Car Accidents and Wrongful Death for Oklahoma on
Q: Lady ran a stop sign that was obstructed by a tree limb, on an unfamiliar road, struck another car killing both passenge

Both passengers the stop sign running lady hit were pronounced on the scene. Is there enough for a jury to charge and convict the lady running the stop sign

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2024

An Oklahoma attorney could advise best, but your question remains open for two weeks. I'm very sorry for this terrible accident. This is something that an Oklahoma criminal defense attorney could advise meaningfully on. Bringing charges is generally up to a county district attorney's... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Q: Can prosecution use evidence collected by officers who did not testify and were not listed on state witness list

These officers reports were undisclosed by prosecutor and have been suppressed since 2004

Robert Donald Gifford II
Robert Donald Gifford II
answered on Nov 20, 2024

It depends on what the evidence is that was introduced (and the facts of the case may matter as well). If it something that is easily identifiable and unique, like a firearm that can be identified by make, model, and serial number (and other relevant evidence), then it goes to the weight of the... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Detective Questioned for embezzlement from work place. said he would get back with me, any suggestions
Tracy Tiernan
Tracy Tiernan
answered on Oct 29, 2024

The strongest evidence in a court of law is when a defendant accused of a crime opens their mouth and gives a confession. Most seasoned criminal defense attorneys will tell you never to talk to law-enforcement when you know you’re under investigation for having committed a crime.

Having...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: When there's an application to revoke that's been filed, after a prior one has been dismissed, according to Title 22, th

The first revocation is only a 6 month sanction? If it's just technical violations. Is there any loop holes to consider? Or be on the lookout for?

Tracy Tiernan
Tracy Tiernan
answered on Oct 25, 2024

It’s not necessarily a scheduled formula of punishment. When you violate the rules and conditions of your probation, the state, through the district attorneys office, and the judge have the power to punish you in a variety of different ways including a minimal slap on the wrist to incarceration... View More

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Can witnesses for the prosecutor sit with them and whisper things during another witness for the prosecutions testimony?

First witness, the drug task force officer stayed in the court room while the K-9 to unit officer gave testimony. During the 2nd witnesses cross examination the first witness got up from his seat and went and sat with the prosecution whispering to her which caused her to re-cross examine the 2nd... View More

Tracy Tiernan
Tracy Tiernan
answered on Oct 18, 2024

Unfortunately, you have not provided enough information. It’s not clear whether you’re talking about testimony presented at the jury trial stage or a preliminary hearing or some other motion or evidentiary hearing.

As a general rule, any competent criminal defense attorney, at a...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: What if police officer lies in a report to make traffic stop seem lawful
Tracy Tiernan
Tracy Tiernan
answered on Oct 10, 2024

Great question! And a very common one. Well, when these things occur you simply hope and pray they have body or dash camera footage of the interaction. If that is not available, then it’s simply a swearing match and each person’s credibility comes into question.

It’s actually the...
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1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: My and my sister bought a house together and I live in the house but still owe money to her but we're both on the deed

She's trying to say I can't have my ex boyfriend there and we had no prior agreement about that before I moved in I should be Able to have whoever I want there

Charles Watts
Charles Watts
answered on Oct 7, 2024

Without knowing your specifics and seeing all your documents, if you are both tenants in common on the property, then one's ownership rights cannot be hindered for what would be a legal purpose. Having someone living with you is a legal purpose of a home, and therefore would normally be... View More

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Charles Watts
Charles Watts
answered on Oct 7, 2024

In the short answer -- No that is not a violation. In Oklahoma, only a defendant against whom a protective order has been issued may be held to have violated the order. 22 OS 60.6(H) --- Therefore if the Victim makes contact or attempts to make contact, this is not a violation of the order.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Oklahoma on
Q: If the victim of a no contact order tries to contact defendant, is it a violation?
Tracy Tiernan
Tracy Tiernan
answered on Oct 6, 2024

That’s a very good question! It’s also a very common question which I get asked all the time.

When law-enforcement gets called on the reporting of a crime and someone is arrested and goes before a judge, usually on video while they are in jail, the judge will almost universally issue a...
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