In Oklahoma domestic assault in the presence of a minor is a Serious Crime. Unfortunately, statistics show that nearly 20% of children witness a domestic abuse situation in their lifetime. Further, repeat situations can lead to depression, anxiety, and rage in children as they mature. This truth is a tough reality. However, some people exploit this reality and use children as pawns in custody proceedings or other civil claims. If you are facing a situation where you are being unfairly charged with the crime domestic assault in the presence of a minor child, keep reading to learn more about the legal ramifications.
Explaining Domestic Assault in Oklahoma
Oklahoma defines domestic violence under Title 21 §641–42. Therefore, assault and Battery must both occur for an event to be domestic violence. Assault is putting someone in fear of harm, and battery is physically harming them. However, it is important to note that domestic violence can only occur against certain people. These are:
- a current or former romantic partner
- a family member or roommate, or
- someone you share a child with
If the victim does not fall into one of these categories, the altercation is not domestic assault or domestic violence. This will be prosecuted under assault and battery statutes instead.
Whats The Impact of The Presence of a Child
Domestic assault and battery that happens in the presence of a child is subject to much harsher punishments than domestic violence alone. During a first time offense, you face 6 months minimum in prison and fines reaching $5,000. A subsequent offense can result in a 5 year imprisonment and $7,000 fines. If you face felony or misdemeanor charges of domestic violence against a pregnant woman, then you may have a 20 year prison sentence.
FIGHTING FOR CUSTODY OF YOUR CHILD? SEE HOW WE CAN HELP YOU HERE.
Tulsa Domestic Assault Attorneys Near You
Accusations of domestic assault in the presence of a minor child are severe and can lead to problems in all aspects of your life. This is especially true in a custody battle. If you are facing these accusations, let us know. Our Tulsa attorneys have the skill and experience necessary to help you navigate the legal pathways for the best possible outcome.
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.