Domestic violence crimes are serious in Oklahoma and can carry harsh criminal penalties, protective orders, and long-term consequences. But not every argument or family dispute rises to the level of a crime. Understanding what the law defines as “domestic violence” is critical if you’ve been accused—or if you’re the one seeking protection.
The Legal Definition of Domestic Violence
Under Oklahoma law, domestic violence includes any assault, battery, or threat of harm between individuals who are in a domestic relationship. This may include:
- Current or former spouses
- Parents of the same child
- Individuals who live or have lived together
- Family members by blood or marriage
- Individuals in a dating relationship
To qualify as domestic violence, the act must involve physical harm, a credible threat of harm, or repeated harassment that causes fear of harm.
Common Acts That May Constitute Domestic Violence
Domestic violence in Oklahoma is not limited to physical injuries and can include a wide range of actions, including:
- Hitting, slapping, or punching
- Strangulation or choking
- Threatening bodily harm
- Destroying property
- Stalking or harassing a partner
- Preventing someone from calling for help
- Using intimidation to control another person
Even if there are no visible injuries, threatening language, aggressive behavior, or repeated intimidation can result in charges.
Misdemeanor vs. Felony Charges
Whether a domestic violence case is charged as a misdemeanor or felony depends on the specific facts, including:
- Prior offenses – A second or subsequent domestic violence charge is usually a felony.
- Use of a dangerous weapon – Increases the severity of the charge.
- Strangulation or great bodily harm – Often charged as felonies with enhanced prison time.
- Presence of children – Committing domestic violence in front of children can result in additional charges.
First-time offenses may be charged as misdemeanors, but Oklahoma law allows for quick escalation in repeat or aggravated cases.
Protective Orders and Their Impact
In many domestic violence cases, the alleged victim may seek a protective order—a court order prohibiting the accused from contacting the other party. Violating this order can lead to separate criminal charges, even if the underlying case is still pending.
Protective orders can:
- Force the accused to move out of the home
- Prohibit firearm possession
- Impact child custody and visitation
- Appear on background checks
Potential Penalties For Domestic Violence Crimes
Penalties for a domestic violence conviction can include:
- Up to one year in jail for a first offense (misdemeanor)
- Several years in prison for felony domestic abuse
- Mandatory counseling or treatment programs
- Loss of gun rights
- Fines and court costs
- Damage to employment and housing opportunities
A conviction also creates a permanent criminal record, which can affect future rights and opportunities.
Tulsa Domestic Violence Attorneys
Domestic violence cases are emotional, complex, and carry high stakes. Whether you’re facing a protective order or have been charged with a criminal offense, you need a lawyer who understands Oklahoma’s laws and local courts. Call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.