Oklahoma legislators recently proposed HB1121. This would create a streamlined domestic abuse court system in Oklahoma. Because domestic abuse in Wagoner County generally takes on several aspects, cases would be assigned the same judge for the same domestic situation. For instance, a domestic violence trial that involves custody and protective orders would have the same judge for each step: the protective order, the child custody or divorce trial, and the domestic violence trial. The bill still requires a signature from the governor for it to take effect. However, many lawmakers are hoping this will make domestic abuse cases cycle through the system much faster.
How Oklahoma Defines Domestic Abuse
Under Oklahoma’s criminal title, Title 21 domestic abuse is under § 644(c).
It must first be an assault and battery issue. Once this requirement is meant, the other necessary element is that it must be against a specific type of person. These are:
- An ex-partner (spouse, romantic partner, roommate)
- A current partner (spouse, romantic partner, roommate)
- Someone with whom you have a child(ren)
- A family member
- Former romantic partner of your current romantic partner
So in essence, if you commit assault and battery against a romantic partner (current or not), a family member, or someone living in your home, then you are eligible for domestic assault charges. The outcome of the abuse will decide the charges. So the more harmful and injurious the final result, the more harsh the legal consequences.
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Legal Consequences of Domestic Abuse
Oklahoma’s abuse laws are a misdemeanor and in many instances comes with a protective order if the offense is a first time event. This comes with the possibility of one year in jail and fines reaching $5,000. But, if the offense is a second or subsequent offense, you face felony charges. Felony domestic violence is subject to a possible 4 years in a correctional facility, and also fines of $5,000. Even after you complete all the requirements of your punishment, a felony will remain on your permanent record, disqualifying your from firearm rights, employment opportunities, and more.
Legal Support from Wagoner Attorneys
Domestic violence charges in Wagoner County can be, at times, a tool used in other court battles such as child custody and divorce. If you find yourself in the situation of facing domestic assault and battery charges, let our Wagoner attorneys know. Your first consultation is free. This way we can have a complete understand of the circumstances before moving forward with your case.
