Domestic Violence: Take Action Immediately
Experiencing domestic violence is traumatic, and taking appropriate legal and practical steps can help ensure safety and hold the perpetrator accountable. It is important to take both legal and practical steps starting immediately after the incident. This article discusses the steps to take after experiencing domestic violence in Oklahoma.
Legal Steps
Report to Law Enforcement: Getting to safety is the victim’s immediate concern. If in immediate danger, the victim should call 911 immediately. Law enforcement officers can provide immediate protection, stabilize the situation, and assist in obtaining medical care if needed. It is important to provide a detailed account of the incident to the responding officers. They will document the incident, collect evidence, and may arrest the perpetrator if there is probable cause.
Obtain a Protective Order: Next, if immediate protection is needed, the victim can request an emergency ex parte order from the district court without notifying the abuser. While domestic violence advocates may be available to assist in obtaining a protective order, a family law attorney can help determine how and if a protective order fits into an overall legal strategy for resolving a problem marriage or domestic situation.
An ex-parte order is a temporary order often issued the same day. The request can be made as soon as the victim’s medical condition is stabilized. (Okla. Stat. tit. 22 § 60.3.) A final protective order can be issued within 14 days, after the other party has been notified and has an opportunity to show cause why the order should not be extended for as long as five years. Both parties can present evidence at this hearing. Okla. Stat. tit. 22 § 60.4.
The victim should be prepared to offer detailed evidence of all incidents of abuse including the dates, times, locations, and specifics of what happened. The victim should also be prepared to describe the physical, emotional, and psychological effects of the abuse to the judge. Individuals who witnessed the abuse or its aftermath can provide powerful corroborating testimony.
Photographs of injuries or any property damage resulting from the abuser’s actions can be very persuasive. Medical records and police reports including documentation of any arrests made in connection with the abuse should be presented at the hearing. Finally, copies of threatening or harassing texts and threatening social media posts are helpful. In the absence of this type of documentary evidence, the victim should keep detailed notes of all abuse, present and prior. These notes can be admitted into evidence if they were made close in time to the incidents themselves.
Once obtained, the protective orders need to be served on the respondent (abuser). The proof of service is filed with the court and the court clerk sends certified copies of the protective order and all accompanying documentation to local law enforcement. Okla. Stat. tit. 22 § 60.5.
As the victim moves to extend the time of a protective order, the victim may consider including the testimony of therapists or social workers who have worked with the victim. This testimony can become more important with either continued escalation or threats of violence.
Enforcing a Protective Order
Law enforcement officers are responsible for enforcing protective orders. Victims should keep a copy of their protective orders with them at all times. If a respondent violates the order call 911 immediately. Officers can arrest the respondent without a warrant. (Okla. Stat. tit. 22 § 60.9.) A first violation of a protective order is typically a misdemeanor, but subsequent violations can be charged as felonies. Okla. Stat. tit. 22 § 60.6.
It is important for the victim to consult with a domestic violence attorney in Wagoner. An attorney can provide legal advice, represent the victim in court, and help navigate the legal system. An attorney experienced in domestic violence can help the victim obtain and enforce protective orders and navigate custody issues and divorce or separation issues if they arise. These cases often have a great deal of overlap between civil, criminal, and family law matters.
Practical Steps to Take
The most immediate need for a victim of domestic violence is safety and medical care. If medical care is needed, police can ensure the victim is taken to the closest emergency room for medical treatment. These medical records can also be used to help the victim obtain an emergency or longer-term protective order.
From there, the victim may choose to return home if the perpetrator has been arrested or to find another place of safety with friends or family. Hospital social workers can be instrumental in helping a victim find temporary housing in a shelter for victims of domestic violence.
Once the victim has been placed in an immediately safe situation, they will have to develop a plan for how to stay safe, including where to go in an emergency, how to get there, and who to contact. It is helpful to memorize important phone numbers and keep essential items accessible. The victim may wish to reach out to local domestic violence shelters, hotlines, and support groups for help. Organizations like the Oklahoma Coalition Against Domestic Violence and Sexual Assault (OCADVSA) offer resources and support.
Counseling may be needed for the victim, the perpetrator, and any children involved. Some courts mandate counseling as a function of sentencing, with the costs often borne by the perpetrator. Many social service organizations offer free or low-cost therapy services.
The victim will need to gather and preserve any evidence of the abuse, including photographs of injuries, damaged property, and any written or recorded threats. The victim should be prepared to keep a detailed log of incidents, including dates, times, and descriptions. This becomes especially important in cases of recurring or escalating violence or threats of violence.
By taking these legal and practical steps, victims of domestic violence can better protect themselves and seek justice through the legal system. it is essential to remain proactive and use available resources to ensure safety and well-being.
Call for an Initial Strategy Session
For a low-cost consultation with a Wagoner Oklahoma criminal lawyer call the Wirth Law Office – Wagoner at (918) 485-0335 (or toll-free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
