Family Violence and Abuse in Oklahoma Divorce
Family conflict often precedes a divorce or child custody dispute. In some cases, conflict that precipitated a divorce escalates to violence or threats when one partner files for divorce. As divorce attorneys, our office also works as Tulsa domestic violence attorneys.
We have encountered a wide range of domestic violence allegations, from indisputable acts of egregious violence to false domestic violence charges leveled for revenge.
The legal process of divorce might encourage some spouses to cast a negative light on the other. That can include allegations of family violence. When domestic violence and divorce are involved, it is important to work with a Tulsa attorney experienced in Oklahoma criminal law and civil law.
What is Family Violence?
An experience with violent or abusive conduct during a divorce can expose a person to a wide range of new concepts and legal contingencies. Some terms have particular meanings under the law, while others describe well-recognized circumstances in conflicted families.
Family violence and domestic violence describe approximately the same things. Neither has a precise definition, per se, under Oklahoma law. However, domestic relationships that qualify for additional protection from violence or abuse are described under Oklahoma law. Those include family relationships, extended family relationships and non-family relationships with household members or dating partners.
If you wonder what is the difference between domestic violence and family violence, that is it – domestic violence can involve others beyond a direct family member. Violence against the dating partner of a former spouse, for example might be domestic violence — domestic assault and battery in Oklahoma law. We could say all family violence is domestic violence, but some domestic violence might not be considered family violence.
Consequences of Domestic Violence or Abuse in Oklahoma Divorce
A divorce with domestic violence involved can be complex and sometimes even dangerous. Domestic protective orders afford legal protection but physical safety can be a concern. Complying with court rules for divorce and child custody cases can conflict with the need to maintain safe distance from a conflicted individual.
Our advice in divorces involving family violence is particular to each set of facts. As divorce attorneys in Tulsa, Ok. we have represented clients seeking protection from a spouse, and defended clients wrongly accused of spousal abuse or family violence. Our universal advise in these matters is to stay safe, avoid violence and get an attorney.
Consequences of domestic abuse – or allegations of abuse in a divorce can include:
- Protective orders, sometimes mutual,
- Criminal domestic violence allegations or charges, sometimes mutual,
- One spouse asking the court to require supervised visitation by the other spouse,
- Statutory obligations that the court limit child custody of an abusive parent,
- Oklahoma DHS Child Welfare Services intervention,
- Emergency removal of children from home of one or both spouses.
Free Consultation: Domestic Violence Attorneys in Tulsa Ok.
Because of the physical and legal risks domestic violence introduces to a family in conflict, it is important to seek the advise of a Tulsa divorce attorney familiar with Oklahoma domestic violence laws and how they impact a divorce process. For a prompt, private consultation with an attorney in Tulsa familiar with Oklahoma family law and Oklahoma criminal law, contact Wirth Law Office – Tulsa at (918) 879-1681 or send your message using the form on the top of this page.