Domestic violence is a dilemma that is known to negatively affect the quality of life of not only the victim but also their loved ones. There are various forms and types of domestic violence, such as physical, mental or psychological, emotional, sexual, digital, and financial. Often, domestic violence is stereotyped to be prevalent in the less fortunate social class and among certain races, but that is far from the truth. Domestic violence can affect anyone belonging to any financial class, race, religion, etc.
If you need a domestic violence defense attorney, look no further. The experienced Norman criminal defense lawyers at Pierce Law Firm P.C. have over thirty years of experience defending the criminal accused in Norman and surrounding areas. We’ve helped even the most unpopular defendants reach a favorable result in their case and will help you do the same.
What is Domestic Violence?
The Oklahoma Statute Title 22 § 22-60.1 defines domestic violence as any act of abuse, either physical or threatening imminent bodily harm, whereby the perpetrator is a member of the victim’s domestic life. This can be the victim’s spouse, parent, child, or other household member. As per a World Population Review Study conducted in 2023, it was reported that approximately 40.7% of men and 49.1% of women residing in Oklahoma have either been subjected to or are currently experiencing domestic violence. Oklahoma has been reported to rank the second highest within the nation to have the most deaths by domestic violence. Additionally, the stats even show that, on average, one person in every five days is reported to have been killed from domestic violence.
As per 21 O.S. § 644, simple assault and battery can result in a 90-day jail sentence; domestic assault and battery typically carries a penalty of up to one year in jail for a first offense. The Oklahoma Statute Title §21-644.1 punishes the perpetrator of repeated domestic abuse with at least ten years imprisonment at the Department of Corrections, a fine not exceeding the amount of five thousand US dollars, or both. Recently, actor Devin Ratray, famous for his role as the bully brother, namely ‘Buzz,’ in the Christmas classic, “Home Alone,” pleaded guilty to two counts of domestic abuse in Oklahoma.
As per reports, he was able to avoid imprisonment and was only charged with three years of probation, a fine, enrollment in a Batterers Intervention Program, and other remedial actions related to his drinking problem. Despite stringent provisions in the law, Devin’s case resulted in relatively lenient charges, considering §21-644.1 demarcates two or more counts of domestic abuse as a felony. This discrepancy in sentencing raises questions about the adequacy of punishment for the perpetrators of domestic violence and the lack of consistency of sentencing in similar cases.
The Role of a Domestic Violence Defense Attorney
Anyone could indeed be a victim of a domestic violence lawsuit despite their race, religion, and socioeconomic status. However, they can determine how long you would take to escape such a situation. Any victim of a domestic abuse lawsuit who is financially independent and belongs to a particular socioeconomic class can seek resources to get out of such a violent situation, and one of the crucial resources is a capable domestic violence defense attorney.
A Norman assault and battery attorney helps their client navigate the complexities of their case as per relevant law. This often includes seeking protection through court-issued restraining orders to establish and maintain boundaries between the victim and perpetrator of domestic violence and dealing with the collateral impact of reporting the perpetrator. Such collateral impacts include coping with child custody and visitation rights, enrollment in counseling programs, and covering costs incurred by the client due to the lawsuit. Hence emphasizing the need for a capable domestic violence defense attorney for their strategic legal defense to eradicate adverse outcomes.
Domestic violence defense attorneys utilize various legal tactics and arguments to ensure their client is subjected to a fair legal process. This includes negotiating pleas, challenging allegations and evidence, using alibis, etc. Additionally, the defense attorney conducts a thorough investigation to collect substantial evidence and conducts witness interviews, expert consultations, and forensic tests to support the client’s case. Hence, by utilizing their tested and tried legal expertise and resources, a domestic violence defense attorney boosts their client’s case and protects their client’s interests and rights when no one else will, especially with such serious allegations.
Key Defenses in Domestic Violence Cases
Depending on your case and the severity of your charges, your lawyer will formulate a customized legal defense. However, the most common defenses for the domestic violence cases are:
- Self-Defense Claims: This claim is supported when the alleged victim has a history of being dangerous to you or the other household members.
- False Accusations: This defense is used when the alleged victim could have fabricated a false domestic violence lawsuit. Here, the defense attorney shall investigate any potential motives and supporting evidence the alleged victim may have.
- Lack of Evidence: If the alleged victim’s evidence is not strong enough to prove beyond a reasonable doubt that domestic abuse occurred, then the defense attorney shall challenge the case based on lack of evidence.
- Violation of Due Process/ Constitutional Rights: In certain instances, procedural errors can be utilized as a legal defense. This happens when the defendant’s constitutional rights are infringed upon during the arrest, investigation, or evidence-gathering process.
Protection Orders and Their Impact
A protective order is issued by the court of law that is issued to protect the alleged victim and their children from domestic abuse. A protective order imposes restrictions on the alleged perpetrator, such as restraining them from being in the same vicinity as the suspected victim, banning contact, etc. The alleged victim can also request the abuser to give up any weapons in their possession. An alleged victim of domestic abuse can obtain a protective order against anyone you currently live with, has lived with, are related to by blood or marriage, or have or had a dating relationship with.
In Oklahoma, an emergency ex parte protective order can be issued without the abuser’s knowledge to protect against immediate danger until a final protective order hearing, which may result in a protective order lasting up to five years or indefinitely if the abuser has a history of violations or violent offenses.
It is essential to recognize the seriousness of domestic violence. Suppose you are accused of such an offense. In that case, it’s necessary to take the matter seriously and consult with a domestic violence defense attorney who can assist you in understanding the legal process and safeguarding your rights.
Representation You Can Rely On
Domestic violence charges are serious. If you’re facing domestic violence charges in Norman, you have options. Our effective defense attorneys know what it takes to successfully defend a domestic violence case because we’ve been there before and achieved favorable results. We’re ready to take on your case, no matter how difficult the circumstances are. Contact us today to discuss how we can help you.