Domestic assault and medical hearsay is an exception to the hearsay rule in Oklahoma. Sometimes, we find ourselves in situations where our personal relationships have gotten out of hand. Too many times, police are called to intervene. If you find yourself in such a situation, especially when police are calling it “domestic violence”, there is a lot of pressure to pursue charges. Even worse is when you have children together and they are in the house and the domestic assault is said to have taken place in the presence of the minor children.
Lethality Screening and Domestic Assault
What this pressure looks like can be the police requiring you to participate in a lethality screening where you answer a series of questions, a required call to DVIS (Domestic Violence Intervention Services), or even you receiving a call from a prosecutor promising to make your partner “get help” and that it will “make things better”. Still worse is the domestic violence was committed with children in the house DHS may require that the victim gets a protective order against the other parents. Additionally a charge of domestic violence comes with a no contact order between the couple. If the partner violates the no contact order he or she will be subject to additional charges. Remember, all of these are tools the State of Oklahoma uses to try and persuade you in to cooperating in prosecution against your partner—even if you do not want to.
Pressure To Testify Against Your Partner in Domestic Cases
Having a group of people in authority positions pressure you to do these things can have a profound effect. In fact, sometimes you might even feel pressured to go to the Family Safety Center and participate in a what is known as a SANE Exam. If you find yourself pressured to do this, be aware that the State of Oklahoma can and will use the results of this exam to prosecute your partner. Prosecutors are able to do this—without your permission—using a legal loophole under domestic assault and medical hearsay exceptions. They will argue the statements you made to the nurse performing the exam were statements you made “in the course of medical treatment and in furtherance of your diagnosis” If the judge believes this to be true, your medical exam can be admitted into evidence without your permission or testimony under a medical hearsay exemption to the hearsay rules in Oklahoma.
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Tulsa Domestic Assault Attorneys in Your Corner
Finding yourself in a situation where police are called to your private situations is never comfortable, and very often misconstrued. Our criminal defense attorneys are here to help walk you and your loved ones through this process. We understand that from the very moment an officer requests you to do something, all the way to the court process, the situation is stressful. Let us explain the process to you, while working on your behalf. Call us for a free consultation with one of our experienced attorneys. 918.743.2233 or click here to ask a Free legal question.
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