You will not necessarily be prohibited from seeing your children in a domestic violence case. There are usually two agencies that can get involved in these situations. One is the district court which can issue protective orders. This court may issue an emergency protective order for the alleged victim and any children the victim claims in their court filing. Even if an emergency order is granted, it must be served on you to be valid and the court must set a hearing and determine whether or not any children may be included under that protective order.
The other agency that can get involved is the Department of Human Services. If the officers believe that there is some sort of danger to the children in the house at the time that they are called out, and if they are making an arrest, then they may have the children removed into protective custody. Either of those things can happen, so you have to remember, you still have rights in those situations. One of those rights is to have an attorney protect and fight for you and your children. The protective order court and the Department of Human Services can’t simply take your children away from you; they have to follow the law, and they have to have hearings in front of judges who determine whether or not that’s something that they can do.
What Should Someone Do When facing Domestic Violence Charges?
You have to talk to an attorney as soon as possible. You need someone who is familiar not only with domestic violence crime but also with the criminal justice system, the judges and the prosecutors in the system. An experienced attorney will be able to give you guidance based on your specific situation and help you fight for a good outcome. Another reason it’s so important to immediately talk to an attorney is that they can advocate for you even before charges are filed by the state of Oklahoma. If a law enforcement officer places you under arrest for a certain crime, it’s up to the district attorney to determine whether or not charges are actually going to be filed. With an attorney on your side, a resolution may be reached before a case is even filed against you. It’s important the first step you take is to get in contact with an attorney who can advocate for you immediately.
What Are The Possible Defenses Used In Domestic Violence Cases?
Self-defense can be a good defense, but it’s going to be very specific to each case. Furthermore, pursuing self-defense requires more than just a statement or a claim that you acted in self-defense. It can be a complex area of the law that requires a thorough examination and investigation. If you believe you have a claim of self-defense, it’s imperative that you get with an experienced attorney who can review the evidence and guide you through that criminal process.
Additional Information On Domestic Violence Cases In Oklahoma
The types of relationships that can make a charge fall under the umbrella of domestic violence are more numerous than people think. Under Oklahoma law, you can be charged with domestic violence if the alleged victim is a former spouse, a current spouse of a former spouse, a former spouse of your present spouse, your parent (or foster parent), your child, a person that’s otherwise related to you by blood or marriage, a person who you are or were in a dating relationship with, a person you have a child with or a person who is formerly or currently living in the same household as you (roommates). There are many relationships people don’t realize can cause a domestic violence charge to appear.
For more information on Children In A Domestic Violence Case, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 748-8771 today.