An Oklahoma domestic violence defense attorney defends individuals accused of abusing, assaulting, or threatening a spouse, partner, family member, or household member. The domestic violence attorneys at Phillips & Associates handle cases involving domestic abuse under 21 O.S. § 644, including charges such as domestic assault and battery, assault and battery by strangulation, and assault and battery with a dangerous or deadly weapon under 21 O.S. § 645. The law firm defends other types of charges such as domestic abuse in the presence of a child and domestic assault and battery against a pregnant woman. Domestic violence cases often involve related accusations, including violation of a protective order under 22 O.S. § 60.6, stalking under 21 O.S. § 1173, harassment, threats, intimidation, kidnapping, or unlawful restraint. The defense attorney explains the charges and possible punishments to their client, protects the client’s rights during interviews and court hearings, and reviews police reports, witness statements, and digital evidence. A domestic violence defense lawyer challenges weak evidence, negotiates reduced charges or dismissals when possible, and prepares a legal defense for trial if the case cannot be resolved.
If you've been charged with domestic violence you need to ACT NOW to protect yourself. These charges will NOT "go away." Do not attempt to handle this on your own. At Phillips & Associates we aggressively fight to protect and defend our clients rights. And our results speak for themselves. Contact us today for a FREE case evaluation and put your mind at ease.
Oklahoma City Domestic Violence Attorney Reviews
Hiring Phillips & Associates domestic violence defense attorneys in Oklahoma City offers numerous benefits and advantages for those accused of domestic violence crimes such as assault, battery, assault and battery with a deadly weapon, and domestic abuse in the presence of a child.
Best Oklahoma Domestic Violence Defense Attorney Near Me
The best domestic violence defense attorneys near you are found at Phillips & Associates of Oklahoma City. The criminal defense firm represents people across Oklahoma who are facing domestic abuse, domestic assault and battery, and related criminal charges. Phillips & Associates has built a reputation for client trust, legal skill, and successful results in serious felony and misdemeanor domestic violence cases. The firm’s commitment to personalized service has earned them 93 glowing online reviews. Positive feedback from past clients reflects the consistent dedication, courtroom experience, and compassion that Phillips & Associates brings to every domestic violence defense case.
Types of Domestic Violence Charges Our OKC Attorneys Defend
Our attorneys defend all types of domestic violence charges including domestic abuse and domestic assault and battery, domestic assault and battery by strangulation, domestic assault and battery with a dangerous or deadly weapon., domestic abuse in the presence of a child, and domestic assault and battery against a pregnant woman.
The types of domestic violence charges our lawyers defend are listed below.
- Domestic abuse / domestic assault and battery – 21 O.S. § 644
Basic domestic violence charge involving assault or assault and battery against a current or former spouse, intimate partner, family member, or household member. - Domestic assault and battery by strangulation – 21 O.S. § 644(J)
Felony domestic abuse involving pressure to the neck, throat, or airway, or blocking the nose or mouth, creating a high risk of serious injury or death. - Domestic assault and battery with a dangerous or deadly weapon – 21 O.S. § 645
Assault and battery against a protected person using or threatening a dangerous weapon such as a gun, knife, or other instrument capable of causing serious harm. - Domestic abuse in the presence of a child – 21 O.S. § 644 and related subsections
Domestic assault and battery where a child can see or hear the incident, treated as an enhanced domestic abuse offense. - Domestic assault and battery against a pregnant woman – 21 O.S. § 644 and related subsections
Domestic violence charge with increased penalties when the alleged victim is pregnant, especially when the accused knows of the pregnancy. - Violation of a protective order (VPO) – 22 O.S. § 60.6
Crime charged when someone knowingly contacts, threatens, or approaches a person protected by a court-issued order, even through calls, messages, or brief in-person contact. - Stalking – 21 O.S. § 1173
Willful, malicious, and repeated following or harassment that causes a reasonable person, often a current or former partner, to feel frightened, intimidated, or threatened. - Kidnapping or unlawful restraint – 21 O.S. § 741 and related statutes
Seizing, confining, or carrying away another person without lawful authority, often charged in serious domestic disputes involving control or forced confinement.
Relationships between family members and household members are often accompanied by intense emotion. During an argument, emotions run high and a simple argument can escalate to a physical altercation. If police are called to a domestic dispute, they are often left to determine the assailant and the victim using circumstantial evidence.
In many cases, the person they arrest is the person who has the fewest visible injuries, or the person considered the victim is the one who told his or her side of the story first, regardless of who actually instigated the violence or who was merely acting in self defense.
Is Child Abuse Domestic Violence?
In Oklahoma, child abuse is defined separately from domestic violence. Child abuse specifically involves a minor victim and applies when the offender is a parent, guardian, or custodian. Individuals facing charges of abusing a child should contact an Oklahoma child abuse defense attorney to ensure their rights are protected. By contrast, domestic violence or abuse occurs between adults such as spouses, partners, relatives, or cohabitants.
What is Considered Domestic Violence?
What is considered domestic violence depends on the relationship between the people involved and the type of conduct. Domestic violence in Oklahoma generally means assault, battery, or threatened harm against a current or former spouse, dating partner, family member, household member, or someone with whom the accused shares a child. It can involve pushing, hitting, slapping, choking, or using a weapon, but it can also include serious threats, stalking, or destroying property in a way meant to control or terrorize the other person. In many cases, domestic violence also covers abuse committed in front of a child, against a pregnant partner, or in violation of a protective order. When this kind of conduct occurs within a qualifying family, romantic, or household relationship, Oklahoma law treats it as domestic violence rather than a simple assault.
Domestic Abuse by Strangulation
While Oklahoma law forbids all manner of violence against family members, it specifically forbids domestic abuse by strangulation or the attempt to strangle a person with whom the defendant has a domestic relationship as defined above. Found in 21 O.S. § 644(j), the statute defines domestic abuse by strangulation as a separate felony punishable by 1 to 3 years in prison on the first offense and 3 to 10 years in prison on a second or subsequent offense.
Assault and battery with intent to cause great bodily harm by strangulation or attempted strangulation is defined by statute as "any form of asphyxia; including, but not limited to, asphyxia characterized by closure of the blood vessels or air passages of the neck as a result of external pressure on the neck or the closure of the nostrils or mouth as a result of external pressure on the head." Unlike a first offense of domestic abuse, which is a misdemeanor, a first offense of aggravated domestic abuse or domestic abuse by strangulation is a felony. Conviction results in not only lengthy prison terms, but also loss of gun rights, loss of voting rights, and other collateral consequences that accompany being a convicted felon.
Domestic Violence Legal Defense in Oklahoma
Our criminal defense law firm can handle every aspect of your domestic violence case, including challenging a Victims Protective Order and defense representation for Violating a Protective Order. For a risk-free evaluation of your domestic violence case, submit the confidential case review form or call our offices to schedule an appointment. Put our experience and record of success to work for you.
