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Domestic Violence In Oklahoma

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  • 03-21-2008, 02:01 PM
    kadensmom
    Domestic Violence In Oklahoma
    The first of December 2007 my bf and I had an argument. In the process of him trying to leave I tried stopping him because i just wanted to talk and quit frankly was affraid to loose him. He kicked me in the leg to get me to move and in return i hit him in the head. He didnt with force push my down but pushed on my head to get me to the ground so he could leave. He has a hot temper so I called the cops to get everything to stop. Well by time to cops got here he was gone. I had no mark no nothing on my body I told the cop I didnt want him to write a report I just wanted the fight to stop., since there was kids here he told me he was required to take one. I did not press charges well yesterday almost 4 months later the cop showed up and said they had issued a arrest warrant. We went a head and took care of him turning himself in and going threw the hearing thingy where they just inter there plea. The paper they gave him of there report sounds like he just beat the crap out of me and that was not the case! Any i guess my question here would be how can the try prosicuting him with no evidence of anything other than the report. Is there anyway we could get this done and over with without having to hire an attorney and going to a trail? We live check to check and cant afford anyof this. I have heard that there is something we can do since everything has been 100% better since then,but im not sure what it is... Any advice about this would be great we are lost on why they are doing anything when there was no evidence. He didnt even get a arrested that nite over it nothing, never got arrested for that matter...I LOVE HIM TO DEATH AND IM AFFRAID OF HIM GOING TO JAIL!
  • 03-21-2008, 02:51 PM
    LawResearcherMissy
    Re: Domestic Violence In Oklahoma
    Once you get the police involved in a domestic violence situation, it is out of your hands. You don't get to ask that a report not be taken, you don't get to ask that charges not be filed.

    Law enforcement officers are required to file a report and prosecutors are required to prosecute the offender. The laws are meant to protect victims of domestic violence, who often recant under threat of more violence if they don't.
  • 03-22-2008, 12:35 AM
    aardvarc
    Re: Domestic Violence In Oklahoma
    Ah....but there's always evidence. Even without a report, there is the recording of the 911 call itself and whatever statements were made at the time in the heat of the incident...there are the dispatcher's notes in CAD...there are sometimes even the officer's notes to themselves about an incident, so that when they have a repeat they can refresh. Domestic violence is a crime (usually comprised of assault and/or battery) and crime is what police "do".
  • 03-22-2008, 05:11 PM
    kadensmom
    Re: Domestic Violence In Oklahoma
    thas awful funny because the same cop the answered the phone when I called is the same cop that came over and is the same come that came over and told him the had a warrant. And the cops said he has no idea why they are doing anything the cop himself said if there isnt a victim there is nothing they can do. AND IM NOT STUPID I KNOW ITS OUT OF MY HANDS~! AND NO THE COP DIDNT HAVE TO DO A REPORT I THINK THE COP WOULD KNOW MORE THAN SOMEONE ON HERE.. I DIDNT ASK YOU GUYS TO TELL ME THAT. AND WHAT I MEAN BY EVIDENCE IS PICTURES BRUISES MARKS SCRATCHES...
    1.Is there anyway we could get this done and over with without having to hire an attorney and going to a trail? THATS ALL I REALLY NEED TO KNOW. EVERYBODY THAT WE HAVE TALKED TO 3 LAWYERS 2 COPS HAVE TOLD US THE DA.JUDGE WILL THROW IT OUT BECAUSE THERE ISNT MUCH OF ANYTHING TO GO OFF OF AND IN THE HEAT AFTER THE ARGUEMENT PEOPLE WILL SAY THINGS...
    AND MISSY IM NOT RECANTING ON ANYTHING! NEVER SAID I WAS ALL I SAID IS EVERYTHING IS GREAT SINCE THEN WE WENT ON ABOUT OUR LIVES AND WE LOVE EACH OTHER VERY MUCH. THEY DIDNT EVEN TAKE A REPORT ON HIS SIDE. WE PUT THIS BEHIND US LIFE HAS BEEN SO MUCH BETTER AND THEN WAHM BAM THANK YOU MAM HERE WE ARE!
  • 03-22-2008, 06:10 PM
    gigirle
    Re: Domestic Violence In Oklahoma
    Correct me if I'm wrong but your asking us if there is anyway that the prosecutors office (they are the ones who file charges not the police) can drop the charges? Can this be done without the use of a lawyer?
    If that is what I'm understanding, I will say that no one here knows. We don't know what evidence they have or don't have. Obvioulsy anything that he does WITHOUT the aid of an attorney is going to be a crap shoot for him. To protect his interests, he needs an attorney. If it was recommended by 3 lawyers that it will be dropped, then hire one of them, your just going to have to pay the bill. Yes, it sucks but frankly it's the price that he will have to pay for what you have minimized as your temper tantrum. The law sees it as domestic violance. If you feel awful for your behavior, then get a job or a second one to pay for the lawyer he will need. If you are in an abusive relationship, then get out, you don't have to live this way.
  • 03-22-2008, 10:42 PM
    kadensmom
    Re: Domestic Violence In Oklahoma
    I plan on paying for all of it, cause like I said before I hit him also. That was the first time and the only time either one of us has ever put our hands on each other. I'm not in a abusive relationship, I grew up with my parents being in one. I will not let me or my son be put in the situation my sisters and I were in growing up. He has been known to have a temper in high school but that was years ago, there were times were his family seriously thought maybe he had a mild case of Bipolar. We have learned alot from this... Go to the other room when we are mad at each other! Also the court paper says Domestic abuse assault and battery is that just a way to string it out?
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