Oklahoma Domestic Assault & Battery Attorney

Domestic Abuse (Assault and Battery) is defined under Title 21, Section 644(C) as:

"[A]ny assault and battery against a current or former spouse, a present spouse of a former spouse, a former spouse of a present spouse, parents, a foster parent, a child, a person otherwise related by blood or marriage, a person with whom the defendant is or was in a dating relationship . . . an individual with whom the defendant has had a child, a person who formerly lived in the same household as the defendant, or a person living in the same household as the defendant . . . ."

A dating relationship is defined as “a courtship or engagement relationship” under Title 22, Section 60.1 of the Oklahoma statutes. A casual acquaintance or ordinary fraternization between persons in a business or social context does not constitute a “dating relationship.”

A first-time charge for Domestic Abuse (Assault and Battery) in Oklahoma is a misdemeanor carrying a range of punishment of up to one (1) year in county jail and/or by a fine of up to Five Thousand Dollars ($5,000.00). A second charge for Domestic Abuse (Assault and Battery) is a felony offense carrying a range of punishment of up to four (4) years in the Oklahoma Department of Corrections and/or up to a fine of Five Thousand Dollars ($5,000.00).

In addition to potential jail/prison time and/or a fine, Oklahoma law requires the defendant to undergo fifty-two (52) weeks of counseling for domestic abuse by an individual licensed practitioner or a domestic abuse treatment program certified by the Oklahoma Attorney General. The court is required to set a review date not more than 120 days after defendant is ordered to participate in domestic abuse counseling, for the purpose of making sure the defendant is attending the ordered counseling.