What Happens When You Get Domestic Violence Charges
Like most states, Oklahoma classifies certain crimes as domestic abuse when they occur among family members and among people in intimate or dating relationships. Oklahoma domestic violence charges can have more severe penalties than the same act committed against a stranger or casual associate.
The reason crimes of domestic violence incur more severe penalties is easy to comprehend. A disproportionate share of violent crime occurs within households, and among people involved in intimate or family relationships. While domestic violence crimes are crimes against persons, the closer relationships among people in domestic situations can result in a more severe or ongoing pattern of violence, resulting in a separate classification of crimes under both state and federal laws.
As much as lawmakers nationwide have found good reasons to set apart domestic violence crimes as a category distinct from typical crimes of violence, domestic charges also present distinct problems to the court system. Police are tasked with identifying aggressors and victims in household situations that have boiled out of control. It can be unclear who started it, and whose actions were justifiable defensive actions. Parties may lie to police about what happened, and witnesses may take sides based on personal loyalties.
More severe penalties are not the only consequence of domestic abuse charges. A federal gun ban prohibits anybody convicted of a domestic violence misdemeanor from ever owning a firearm. Most misdemeanor convictions do not otherwise result in a lifetime firearms ban. Yet the definition of a domestic violence misdemeanor in the federal gun ban is not consistent with the state definition of domestic relationships spelled out in domestic abuse laws.
Domestic Protective Order Defense
Criminal charges are not the only deleterious outcome that can result from domestic violence allegations. Domestic protective orders impose onerous restrictions even without proof that a criminal act occurred.
For a person facing domestic violence allegations, the counsel of a knowledgeable Tulsa domestic violence defense lawyer can be urgent. If the defendant has in fact spun out of control, getting a grip and complying with court orders is a top priority. A defense lawyer can assess the situation and advise help the defendant shape a strategy that best mitigates the impact of a criminal charge.
Even for a person wrongly accused, it is extremely important that reaction to false charges not become the reason for more charges. Especially a wrongly accused person might think it reasonable to casually avoid a court’s protective order and try to talk it out with a spouse. Wrong. The best person to talk with about the charges is a domestic violence defense attorney.
In addition to contesting or negotiating resolutions to criminal charges, Tulsa domestic violence defense lawyers represent clients in protective order hearings. An effective protective order defense lawyers‘ strategy can make the difference between years-long or even lifelong restrictions on personal conduct, including who you can associate with, where you can visit and whether you are qualified to own firearms.
After a successful defense against allegations that would otherwise result in a protective order, protective order expungement can remove from court records any reference to false or faulty allegations. Orders for an ex parte restraining order then docket references and filings in a permanent protective order hearing can be removed from court records.
Free Consultation: Tulsa Domestic Violence Defense Attorney
If you have been charged with domestic abuse, domestic assault and battery, domestic violence in the presence of a minor, assault and battery against a household member or other domestic violence crimes, or if you are the subject of an emergency order for protection, contact a Tulsa domestic violence defense attorney at Wirth Law Office for a free case evaluation and strategic consultation.