Emotions often run high during arguments between family members, and sometimes those emotions spill over into physical violence. When police are called to the scene of a domestic dispute, they are walking blindly into a situation that has likely been ongoing for quite some time. They do their best to identify who is the victim in the situation and who is the aggressor.
However, they might not always get it right. Domestic violence charges are extremely serious, and a conviction for domestic violence can have ripple effects that stay with you for years down the road. If you have been charged with domestic violence, contact our Oklahoma City criminal defense lawyers at Josh Lee & Associates today for a free consultation.
Why Choose Us?
Domestic violence charges are extremely serious, and they can badly damage your reputation. We understand that not everyone wants to listen to your side of the story, but we will give you the personal attention you deserve and listen to every detail. Our founding attorney, Joshua A. Lee, has over 20 years of experience handling criminal matters in Oklahoma, and we will work diligently to get you the best possible outcome.
This could mean aggressively fighting the charges, negotiating for reduced charges, or some other strategy to keep a domestic violence conviction off your record. Give our Oklahoma City domestic violence lawyers a call today for your free consultation.
What Is Domestic Violence?
Domestic violence in Oklahoma is defined as an assault or battery against a family member or member of the same household. Some people may believe that domestic violence is limited to only situations between spouses. However, Oklahoma law has significantly expanded the situations that will be classified as domestic violence. The domestic violence laws may apply to any of the following relationships:
- Spouse or former spouse
- Parents
- Adult children
- Former spouse of current spouse
- Current spouse of former spouse
- Roommate or other person living in the same household
- Former roommate
- Person with which the defendant has had a child
- Anyone related to the defendant by blood or marriage
Given the wide applicability of domestic violence laws and the stiff penalties associated with a conviction, make sure you have an experienced attorney on your side who can help you protect your rights.
Punishment For Domestic Violence
Domestic violence convictions carry harsher penalties than traditional assault and battery. Whereas a first charge for assault and battery may carry jail time of up to 90 days, the first charge for domestic violence can result in jail time of up to one year (Okla. Stat. 21 § 644).
Subsequent convictions can result in jail time of several years and fines of up to $5,000. Additionally, if a weapon is involved, if strangulation occurs, or if an unborn baby is harmed, the penalties increase even more. Convictions can also lead to mandatory domestic violence classes and gun ownership restrictions, so having an experienced Oklahoma City defense lawyer on your side is crucial when facing these types of charges.
A Restraining Orders Could Also Be Taken Out Against You
In Oklahoma, restraining orders are often issued in domestic violence cases to protect the accuser or other individuals involved. These orders can vary in scope and duration, depending on the circumstances and the severity of the allegations.
Emergency protective orders are issued quickly and are typically valid for a short period, often until a court hearing is held. Permanent restraining orders may follow and can last for months or years, imposing stricter restrictions on the accused. Different types of orders come with specific terms that must be followed to avoid additional legal consequences.
Violating a Restraining Order
Violating a restraining order in Oklahoma carries serious legal consequences, including additional criminal charges and penalties under Okla. Stat. 22 § 60.6. Restraining orders are legally binding, and failure to comply with their terms can result in immediate legal action. If you hope to avoid further complications, it is critical that you understand the restrictions outlined in your order.
Common violations include contacting the protected individual, coming within prohibited distances, or failing to surrender firearms if required by the order. Even unintentional violations, such as being in the same public space, can lead to arrests or additional charges.
Ways to Clear Your Name When Accused of a Domestic Violence Offense
Facing accusations of domestic violence can have serious consequences, but there are strategies to defend against these charges and protect your reputation. By building a strong case, you can demonstrate your innocence and work toward a favorable outcome. Below are some of the key ways to clear your name when accused of domestic violence.
Proving False Allegations
False accusations often arise from personal disputes, such as custody battles or attempts to gain leverage in a relationship. We can gather evidence to demonstrate inconsistencies in your accuser’s story or identify motives behind the false claims. For example, messages, emails, or social media posts can reveal your accuser’s intent or provide an alibi for the accused.
Establishing Lack of Intent
Domestic violence charges often require proving that the accused acted intentionally to cause harm. If there is evidence that the actions were accidental or unintentional, it can serve as a defense against these allegations.
For instance, accidental injuries that occur during arguments or physical struggles may not meet the legal criteria for domestic violence. We can present evidence, such as witness testimony or medical records, to show that the incident lacked malicious intent.
Self-Defense
Self-defense can be a valid legal strategy when you act to protect yourself from harm. If evidence shows that you were defending yourself against physical aggression, this may provide a strong basis for challenging the charges.
For example, if you were struck first and responded to prevent further harm, your attorney could argue that your actions were necessary for self-protection. Witness statements, photos of injuries, or video evidence can support this defense by showing that the accused was not the initial aggressor.
Using Witness Testimony
Witness testimony can play a crucial role in defending against domestic violence charges. Statements from individuals who observed the incident or have relevant knowledge about the relationship dynamics can provide valuable context. These accounts may help establish inconsistencies in the accuser’s story or support the accused’s defense.
For example, if a neighbor overheard the argument or a friend witnessed prior interactions, they may offer insights that challenge the prosecution’s narrative. We often work closely with witnesses to ensure their statements are clear, accurate, and aligned with the defense strategy.
Contact A Domestic Violence Defense Attorney In Oklahoma City Today
If you have been charged with domestic violence or domestic abuse, contact the office of Josh Lee & Associates today. We will use our knowledge and experience with these types of cases to help get you the outcome you desire. Give our Oklahoma City domestic violence attorney a call at (405) 759-5529 today or fill out our quick contact form to schedule your free consultation and let us walk you through the process to learn how we can help you.
