The justice system takes complaints of domestic violence seriously.  However, domestic violence in the presence of a minor is a crime the courts deal with harshly.  Children witnessing domestic violence often have psychological repercussions of anxiety and feelings of helplessness as a result.  Due to this research, the courts attempt to protect children from repeat events through severe penalties.

Defining Domestic Violence

Oklahoma law defines domestic violence under Title 21 § 641-42.  It provides for several different forms of domestic violence.  The main two are assault and battery.  Felony assault occurs when you make a person fear that you will hurt them.  This can be through verbal threats or physical gestures.  Battery though occurs when you actually harm the person.  Physically hitting someone, pushing them, or hitting them with an object are all forms of battery.  Assault and battery become domestic violence when it is against any of the following people:

– Spouse, ex-spouse, or romantic partner

– Somebody with whom you share a child

– A family member or roommate

More Information About Violating Protective Orders Can Be Found On Our Blog.

Domestic Violence in the Presence of a Minor

Domestic violence alone can be a felony offense.  But, if you commit domestic violence in the presence of a child then you are subject to even harsher penalties.

First Offense:  six month to one year imprisonment and fines reaching $5,000.

Second Offense:  one year to five years imprisonment and fines reaching $7,000.

Further, if the offense is against a pregnant woman or you have several charges of domestic violence in the past you may face up to 20 years in prison.  For any of these penalties, DHS may also remove the children from you home and require you to undergo anger management and/or parenting classes before returning your children.

Contact A Rogers County Domestic Assault Attorney

Domestic Violence in the presence of a minor can be a real game changer.  This is especially true in divorce and custody battles.  If you face domestic violence in the presence of a minor charges we can help.  Our criminal defense attorneys have years of experience defending people against charges like this.  Your first consultation is free. In Rogers County call 918.379.4872 or click here to ask an online legal question.