Oklahoma Has Legal Protections Against Domestic Violence
In Oklahoma, domestic abuse is defined as any act or threatened act of violence, stalking, or harassment committed by a family or household member against another family or household member. This can be a husband against a wife, an adult against an elder, one roommate against another, etc. This includes physical harm, assault, battery, stalking, harassment, emotional abuse, and threats of violence. (Okla. Stat. tit. 21 § 644)
Domestic abuse can tear up a family. It is important to stop the violence and get help. When violence continues, it is important to take legal steps to protect everyone and that often involves getting and enforcing protective orders that can allow all the parties time to cool down and address the underlying issues.
Protective Orders
If you are a victim of domestic violence, you can seek protective orders from the court to prevent further abuse. Protective orders can include provisions that prohibit the abuser from contacting or coming near you in all locations, including home and work. These orders can require the abuser to vacate a shared home, can prohibit the abuser from injuring a pet, and can grant you temporary custody of children.
Violation of a protective order can result in criminal charges, penalties, and enforcement actions against the abuser. The severity of penalties depends on the nature of the violation and the offender’s history. Repeat offenders often face escalating penalties, including jail time, fines, community service, attending therapy or anger management classes as well as parenting classes. If alcohol or drugs are present, the offender may be required to attend AA or NA meetings.
A judge may order that an abuser temporarily surrender their firearms to help de-escalate the situation and protect the victims.
Emergency Protective Orders
Emergency protective orders can be granted when needed. These are often short-term and they do not require that the abuser be notified prior to the order being given. For a longer term protective order, the abuser must be notified of the hearing date and may choose to object to the granting of the petition.
Protective Custody in Domestic Abuse Cases
In cases of domestic abuse involving children, Child Protective Services (CPS) may become involved to ensure the safety and well-being of the children. CPS may temporarily place children in protective custody if they are at risk of harm or if their living environment is unsafe due to domestic violence.
Before placing children in protective custody, CPS conducts a safety assessment to determine the level of risk and the need for immediate intervention. This assessment considers factors such as the severity of domestic violence, the presence of protective factors, and the availability of alternative safe placements.
In some cases, protective custody of children may be authorized by a judge. This often occurs in conjunction with the ordering of temporary or emergency protective orders. These orders prioritize the safety of children and may include provisions for temporary custody arrangements.
The goal of protective custody in domestic abuse cases is often to provide a safe environment for children while addressing underlying issues, such as domestic violence and family dynamics. CPS may work towards family reunification by offering services, interventions, and support to address the root causes of abuse and promote a healthy and safe family environment. Reunification can take weeks or months to complete.
In cases involving domestic violence, Oklahoma family courts consider the safety and well-being of children when determining custody and visitation arrangements. Courts may restrict or supervise visitation if there is a history of domestic violence to ensure the safety of the children.
Services For Victims
Oklahoma has victim advocacy programs and shelters that provide support, counseling, safety planning, and resources to domestic violence victims. These programs help victims understand their legal rights, navigate the court system, and access community services. Victims of domestic violence have the right to legal representation and can seek assistance from attorneys, legal aid organizations, or victim advocacy groups to navigate legal proceedings, including obtaining protective orders and pursuing criminal charges against abusers.
Help is available. Consult with a Muskogee family law attorney today.
Low-cost Strategy Session With a Muskogee Family Law Attorney
Contact the Muskogee lawyers at the Wirth Law Office – Muskogee for a initial consultation today at (918) 913-0725. If you prefer to contact us by email, use the form at the top of this page.
