An allegation of domestic assault and battery in Oklahoma carries legal consequences that can impact a person’s freedom, family, and future. The law involves specific definitions, enhanced penalties, and immediate court interventions. This article provides an overview of what constitutes domestic abuse, its criminal and civil ramifications, and the procedures that follow an incident.
What Constitutes Domestic Assault and Battery in Oklahoma
In Oklahoma, an assault is a willful attempt to cause bodily harm, while a battery is the actual use of force or violence against another person. When an assault and battery is committed against someone in a specific type of relationship, the law classifies it as domestic abuse, even if the physical contact is minor.
The defining element is the relationship between the accused and the alleged victim. Oklahoma Statute Title 21, § 644 specifies these relationships include current or former spouses, a present spouse of a former spouse, parents, children, and others related by blood or marriage. The statute also covers individuals in a dating relationship, people who have a child together, and current or former household members.
Criminal Penalties for Domestic Assault and Battery
Oklahoma imposes enhanced penalties for domestic assault and battery compared to similar acts against strangers. A first-time conviction for domestic abuse is a misdemeanor, resulting in up to one year in county jail, a fine of up to $5,000, or both.1Justia. Oklahoma Statutes §21-644 (2022) – Assault – Assault and battery – Domestic abuse. This is more severe than a standard assault and battery charge, which carries a maximum of 90 days in jail and a $1,000 fine.
Certain circumstances can elevate the charge to a felony, even for a first offense. If the assault and battery results in great bodily injury, it is a felony punishable by up to ten years in prison. Domestic assault and battery by strangulation is also a felony, with a first offense punishable by up to ten years in prison and a fine of up to $20,000. Using a dangerous weapon during the incident will also lead to a felony charge.
Penalties are also enhanced for repeat offenses or for incidents involving children. Other consequences of any domestic abuse conviction include:
- A second or subsequent conviction is a felony with a prison sentence of up to four years.
- Committing the offense in the presence of a minor child requires a minimum of six months in jail.
- A second offense committed in the presence of a child is a felony with one to five years imprisonment and a fine up to $7,000.
- Completion of a 52-week batterers’ intervention program is mandatory.
- A lifetime ban on possessing a firearm under federal law.2LII / Legal Information Institute. 18 U.S. Code § 922 – Unlawful acts
Immediate Legal Repercussions Following an Incident
When law enforcement responds to a domestic disturbance call, they can make a warrantless arrest if there is probable cause that a domestic assault and battery occurred.3Justia. Oklahoma Statutes §22-196 (2024) – Arrest without warrant by officer. This action is intended to prevent further violence. The arrested individual is taken into custody and will face an initial court appearance, known as an arraignment.
At the arraignment, charges are formally read and bail is addressed. A judge will likely impose a no-contact order as a condition of release, which legally prohibits the defendant from contacting the alleged victim. Violating this order can result in re-arrest and new criminal charges.
An Emergency Protective Order (EPO) may also be issued, often without the defendant present at the initial hearing. Governed by Oklahoma Statutes Title 22, § 60, an EPO is a temporary order that lasts until a full court hearing can be scheduled, usually within 14 days.4Justia. Oklahoma Statutes §22-60.4 (2024) – Service of emergency ex parte order or emergency temporary order, petition for protective order and notice of hearing – Full hearing – Final protective order. The EPO requires the subject to stay away from the petitioner’s home, work, and school.
Related Civil Court Implications
A domestic assault and battery incident often extends beyond criminal court into civil matters, particularly in family law. An allegation or conviction can influence the outcome of divorce proceedings. While Oklahoma is a no-fault divorce state, a finding of domestic violence can be a factor when dividing property, especially if marital assets were wasted or destroyed during the abuse.
The impact on child custody and visitation is direct. Under Oklahoma Statutes Title 43, § 112, there is a rebuttable presumption that awarding custody to a person who has committed domestic violence is not in the child’s best interest.5Justia. Oklahoma Statutes §43-112.2 (2024) – Evidence of ongoing domestic abuse or child abuse – Determinations relating to convicted sex offenders – Presumption. This means a judge assumes that parent should not have custody unless they provide substantial evidence to prove otherwise. Visitation rights may be restricted or require supervision.
A victim can also seek a long-term civil Protective Order under the Protection from Domestic Abuse Act. Unlike the temporary EPO, a final Protective Order can be put in place for up to five years following a full hearing where both parties present evidence. These orders can be obtained regardless of whether criminal charges are filed, providing a separate legal path for safety.