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Domestic Violence

What is domestic violence in the presence of a child in Oklahoma?

By October 18, 2022November 14th, 2023No Comments

Domestic violence is when there is a threat or an actual attempt to use physical force against someone you live with. 

The penalties for domestic violence are harsh, and when domestic violence happens in the presence of a child, they are that much more severe, with long jail sentences and more significant fines.

As such, if you live in Oklahoma City, and are being accused of domestic violence in the presence of a minor, it is imperative to contact experienced defense lawyer Jacqui Ford right away. 

Domestic violence crimes in the state of Oklahoma

In Oklahoma, domestic violence crimes involve assault, battery, or assault and battery, against one of the following:

  • a person who is the offender’s current or former spouse, 
  • the spouse of the offender’s former spouse, 
  • a family member by blood or marriage, 
  • a foster parent, 
  • a person the offender is dating – presently or in the past, 
  • a person the offender lives with (or had lived with), or 
  • the person with whom the offender share a child

Under Okla.Stat. Ann. Tit. 21, §641, assault is a threat that involves physical action like drawing a fist or charging toward a victim. Words alone are not enough.

On the contrary, battery is the intentional use of force against another person that causes harm or offense to the victim. Striking a person with a fist and spitting on another both are acts that constitute battery (§642). 

Threatening and then acting upon this threat would be classified as assault and battery

Oklahoma’s penalties for domestic violence in the presence of a child

Penalties for domestic violence and domestic violence in the presence of a child vary – and depend significantly on your record. 

If you have a previous criminal record, you can expect the penalty to be more severe. 

For example, a first offense for domestic violence can result in six to twelve months in jail, a fine of $5,0000, or both. But a second or subsequent conviction, or one involving a child, is considered a felony. This means you can get one to five years in prison, a fine of $7,000, or both.

What to do if you are charged with domestic violence in Oklahoma

There are several things to keep in mind if you’re charged with domestic violence in Oklahoma.

First, it’s important to refrain from speaking to the police to save yourself from possible self-incrimination. Your words can be misinterpreted and misrepresented, affecting your case. 

Then, it’s important to get in touch with an experienced domestic violence defense attorney like our team at Jacqui Ford Law as soon as possible. 

It is also best to refrain from discussing the specifics of your case with anyone other than your attorney. While this may be challenging, it is truly within your best interests. 

And, of course, you should never, ever try to contact the alleged victim or child. 

If you’re facing a domestic violence charge, schedule a consultation with Jacqui Ford Law right away 

A domestic violence conviction can affect your ability to see your family and make it hard for you to obtain employment. Having the best legal representation from an experienced and dedicated attorney to protect your interest is key. Jacqui Ford Law will take the time to understand the details of your case without judgment and advise you as to the best course of action. 

You can reach Jacqui Ford Law by phone at 405-604-3200 or schedule an appointment online. We are committed to helping you see through this process with dignity, and look forward to hearing from you.