Tulsa Criminal Lawyer Explains Domestic Violence in Presence of a Child

Domestic violence - Tulsa criminal Lawyers

Domestic violence in Tulsa is a serious crime. A conviction could land you in Jail. You could also have a criminal record that will follow you until expunged. We all know the horror stories of a child caught up in domestic abuse.  According to The Domestic Violence Round-table, an estimated 3-4 million children are exposed to domestic violence each year.  Even if the child is not the immediate victim, it can be traumatizing.  Children often experience anxiousness, fear, and isolation during these incidents.

Domestic Violence and What it is:

Domestic violence according to Okla. Stat. tit. 21 § 641-42 can come in many forms.  These include assault, which is threatening gestures or language putting the victim in immediate fear of being harmed; and also battery, which is the actual physical contact and striking of the victim.  To be domestic violence these acts must occur upon any of the following persons:

–  a current or former spouse

–  the spouse of an ex-spouse

–  a current or former romantic partner

–  a family member

–  a person living in the same household

–  a foster parent (and/or)

–  a person with whom the offender has a child

If the victim is not one of the listed persons above, then the offense is simply a possible assault and/or battery.

Penalties for Children Present:

If children are present during the offense, the penalties are much harsher than a typical domestic abuse crime.  A first offense carries six months to 1 year in jail and up to a $5,000 fine.  A second offense, however, elevates to a felony and carries a 1 to 5 year jail term.  For this offense the find is also raised to a maximum of $7,000.  If the alleged victim is a pregnant woman, or the offender has a history of domestic assault and battery , the penalties are even more devastating and can carry a 20 year jail sentence.

Tulsa Domestic Violence Attorneys Can Help You:

If you’ve been accused of domestic assault and battery, call us.  We understand the negative impact charges of domestic violence in the presence of a child can have.  For a free consultation with a Tulsa domestic violence lawyer call us at 918.416.0358 or fill out this form.