Domestic Violence

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Pottawatamie County Domestic Violence Defense Attorney

 

Your Relationship to an Alleged Victim Matters

In Oklahoma, domestic violence refers to physical and non-physical forms of abuse when the accused has a certain relationship to the alleged victim. People may think of domestic violence as something occurring between spouses or parents and children, but it goes beyond that.

Domestic violence can occur when an alleged abuser has any of the following relationships to the alleged victim:

  • Current or former spouse

  • Current or former dating or sexual partner

  • Parent (alleged victim is a child)

  • Adult child (alleged victim is a parent)

  • Cohabitant, such as a non-familial roommate

  • Any other relative by blood, adoption, or marriage

Have you been accused of or charged with domestic violence in PottawatamieCounty?

Schedule your free consultation with our attorney to protect your FUTURE!

Domestic Abuse Is More Than Physical

Domestic abuse may include domestic assault when a victim accuses someone of physical harm or imminently fears such harm. You can even be accused of physical abuse by denying medical treatment or forcing drug and alcohol use on someone. Domestic abuse, however, can happen absent of physical contact.

Non-physical forms of domestic abuse can look like the following and more:

  • Psychological abuse can occur when an accuser threatens harm to him- or herself, the victim, or the victim’s relatives. Threatening or causing harm to pets or destroying personal property, as well as isolating the alleged victim from friends or family, can also be psychological abuse.
  • Emotional abuse can be alleged when an abuser invalidates or dismantles a victim’s self-esteem and/or sense of self-worth.
  • Economic abuse can happen when an alleged abuser withholds funds from a victim, or prevents him or her from attending work or school.
  • Sexual abuse can still occur without touching or physical harm. Making sexual jokes or comments about a victim can fall into this category.
  • Stalking and cyberstalking involve unwanted activities directed toward an alleged victim, such as spying, following, harassing, sending gifts and messages, making phone calls, appearing at a home or workplace, or repeated emailing and any other online actions that inflict substantial emotional distress.

Can Domestic Assault Charges be Dropped in Oklahoma?

Once a Domestic Violence charge has been filed, by the District Attorney in Oklahoma, the charge may be dismissed by the District Attorney. However, the District Attorney may proceed, against the will of the alleged victim, by using excited utterances made by the alleged victim at the time or by using other witnesses who observed the alleged violence. Marsy’s Law was enacted in Oklahoma to ensure that the alleged victim’s opinion’s were heard by the Court. But that does not require the District Attorney to follow the request of the alleged victim.

Is Domestic Violence a Felony in Oklahoma?

Domestic Violence is usually a misdemeanor and can be a felony depending on the circumstances of the offense. Typically, a prosecutor will file felony charges when there are injuries or where the defendant has a history of domestic violence offenses on his or her criminal record. Punishments are often increased when the victim suffers serious bodily injury as a result of the defendant’s conduct. Prior to the defendant’s arraignment date, the detective assigned to the case and the filing Assistant District Attorney will review the case and decide what level of charges to file. So if a dangerous & deadly weapon was used, you will face a felony domestic violence charge.

How an Experienced Lawyer Can Help

Time is of the essence when someone accuses you of domestic violence. Contact us now so you can have experienced counsel beside you when making your first statements to police. We also help you understand the impact your immediate decisions can have on the rest of your case. If charges are not dropped, we can guide you through proceedings with a personalized defense that mitigates your blame. We serve clients in Pottawatamie County and immediate surrounding areas.