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Tulsa County Lawyers Explain Oklahoma Domestic Abuse Crimes

Oklahoma Domestic Abuse Crimes are common and carry steep punishments for convictions. Former NBA Timberwolves player, Dante Cunningham, was accused of domestic abuse in 2014 by his then-girlfriend.  The charges included kicking in doors, then pushing and choking her.  As a result of these charges, he was not re-signed to the Timberwolves the following year.  Further, other teams have been reluctant to sign him due to the charges and his career is basically over.  The noteworthy part though, is that the allegations were false and no conviction resulted.  It was a form of revenge and posturing by Cunningham’s then-girlfriend in an attempt to gain from his lucrative career.  False allegations of domestic abuse can be common in custody and divorce situations.  Read on to understand the charges and how we can help.

Defining Oklahoma Domestic Abuse Crimes:

Okla. Stat. tit. 21 § 644(c) defines domestic abuse as assault and battery against any of the following people:

–  former spouse

–  current spouse of your ex-spouse

–   ex- spouse of your current spouse

–  a child or parent (esp. eldlerly)

–  a family member

–  a romantic partner

–  a co-parent

–  a roommate (current or former)

In reality, anyone who is a family member, is or was a romantic partner, and/or a roommate is a person who could be considered a victim of domestic abuse.  Depending on the severity of the abuse, the penalties may differ.

Penalties for Domestic Abuse:

A first offense of domestic violence is a misdemeanor.  It is punishable up to one year in prison and/or by fines up to $5,000. However, a second offense is a felony.  This carries more severe penalties.  If convicted, a person may serve up to 4 years in prison and/or pay a fine of $5,000.  Further, even after completing all steps of the punishment, a felony will remain on your permanent record.  Thus, you could have trouble finding employment, housing, or gaining custody of children.

Other Related Assault and battery crimes:

Our Lawyers Help With Oklahoma Domestic Abuse Crimes

If you find yourself in a situation like Dante Cunningham’s where false allegations of domestic violence are ruining your life, call our Oklahoma Domestic Abuse Crimes attorneys in Tulsa County.  We want to help defend you against unfair and unjust charges.  Our team of Tulsa County Criminal attorneys will ensure you receive the best defense possible.

Tulsa County Child Support Attorneys

When it comes to divorce it’s that the children suffer the most. regardless how you look at it, there is usually aTulsa County Child Support social stigma about divorce. Also the children experience a sadness that continues for months after the divorce. Its is the intent of Oklahoma Child Support Laws to make sure that the children dont also suffer financially. This is done by setting certain child support guidelines.

Tulsa County Child  Support Guidelines:

Based on a parent’s income and the number of children in the family, Oklahoma has standard guidelines for child support. The guidelines determine each parents obligation in the event of a divorce or paternity case. The guidelines lay out a parent’s obligation to pay medical and dental expenses, as well as child care expenses. Child support usually deducts directly from the payee’s wages unless the custodial parent agrees otherwise. Alimony and public assistance payments are also a consideration. Child support must be paid until the child’s 18th birthday or the child’s graduation from high school, whichever comes later.

Oklahoma Child Support Guidelines also take in to account the amount of time each parent spends with the children. The parties to the agreement can ask the court not to follow the guidelines. In the event they can demonstrate that failing to follow the guidelines wont harm the children the court may allow them to deviate.

Free Consultation: Call Our Tulsa County Child Support Attorneys:

As experienced Tulsa County child support attorneys, we are here to answer all your questions. We take the time to  the Oklahoma child support guidelines in detail. We can explain to you how much you can expect to receive or pay based on your income and other factors and can counsel you as to how to protect your rights as a parent in all divorce-related issues. Give us a call today at 918-379-4864.

Oklahoma Criminal Convictions and Immigration

If you are not a U.S. citizen, you face disastrous consequences for criminal convictions and immigration status.  A criminal conviction may prolong the green card process. It may also foreclose your ability to become a legal resident or cause your removal from the country. Only an experienced immigration attorney can advise you on the potential consequences of criminal convictions and immigration.

Arrested While On a Visa:

When arrested for a crime, your arrest information enters the FBI’s criminal database. Law enforcement agencies around the world will have access to this information. This includes the Tulsa Police Department, Oklahoma Criminal Convictions and ImmigrationCourt Services, and the federal United States Department of Homeland Security (‘DHS’). If DHS learns of your arrest, they may attempt to find you and detain you. Usually Immigration and Customs Enforcement (‘ICE’), a division of DHS, investigates aliens accused of committing crimes in the United States.
If you are released on personal recognizance in your criminal case you’re not out of the woods.  ICE may come to your home and place of work to hunt you down. If the Tulsa County Jail holds you pending trial, ICE may seek to transfer you to a federal immigration detention facility.

Detained by ICE:

When you are held by ICE, your Oklahoma state criminal case is stayed pending your release from ICE. ICE will not transfer you to Oklahoma court so that you can appear for hearings, so the Oklahoma case will wait for you to be released before proceeding. ICE does not detain every immigrant upon arrest. Often times, ICE awaits the outcome of the criminal case. If the immigrant pleads guilty or receives a conviction, especially if the charges are for violent offenses, ICE begins the removal process.

Detained aliens do not receive the same protections as criminal defendants. Because the immigration removal process is a civil proceeding, it is not accompanied by the constitutional protections surrounding criminal prosecutions. You do have the right to an attorney, but the government will not appoint you with a free one if you cannot afford one. It will instead be your responsibility to find your own attorney, though DHS will provide you with a list of free or cheap immigration attorneys in the Oklahoma area. If English is not your native language, you will also have the right to an interpreter. If you wish to call the consulate for your country, you may do so. Finally, you have the right to examine the evidence against you, present your own evidence, and cross-examine any government witnesses.

Possible Deportation Without a Hearing:

Depending on your immigration status, you may or may not receive a hearing before an immigration judge. If you are not eligible for a hearing, an enforcement officer will review your case and make a decision on whether to have you deported. If you are eligible for a hearing, the immigration judge will read your charges. Your charge will be that you violated conditions of your visa by committing a crime. You must admit or deny the charge. If you are under arrest but receive no conviction, then the government must prove your commission of the crime.  Or if you’ve been convicted, the government can simply admit proof of your conviction, such as a jury verdict order from an Oklahoma state court.

If the judge thereafter finds you committed the charge, you may be eligible for removal. However, the judge will first decide whether you meet any of the potential avenues for protection from removal. Examples of some of the forms of protection include a long history of law-abiding residency and evidence of good moral character.

Free Consultation ; Call Our Criminal Convictions and Immigration Attorneys

If you receive charges of a crime, you need to seek the counsel of a Tulsa immigration attorney who understands the complications of criminal convictions and immigration removal efforts. In addition, a skilled immigration attorney can advise your criminal defense attorney on the possible consequences you face as a result of a conviction.

Probate Attorneys in Tulsa

Probate Attorneys In Tulsa

Tulsa County Estate Planning Lawyers

Determining who receives what when you die requires an evaluation of your estate. This evaluation includes the type of assets you hold.  If you have a will, for instance, your assets may pass to different individuals than they otherwise would have if you died without a will.  Certain assets are not subject to probate and will pass automatically to another individual upon your death.  The following is a brief explanation of who would receive what assets when you die. For a free consultation with one of the Probate attorneys in Tulsa from Tulsa County Lawyers Group call us today.

If You Die Without a Will in Oklahoma:

If you die without a will in Oklahoma, all of your assets that would otherwise have passed through a will are affected by interstate succession laws.  Generally, this will include any assets that you hold in your name alone.  It will exclude:

  • Property in a living trust
  • Property owned in joint tenancy or tenancy by the entirety
  • Retirement accounts
  • Life insurance benefits
  • Payable on death bank accounts

This excluded property follows its own succession laws.  Items like retirement accounts and life insurance benefits go to the name beneficiaries, while property held jointly will revert to the other co-owner.

If you die intestate in Oklahoma, your property distributes as follows:

  • Children but no spouse—assets go to children alone
  • Spouse and children from both of you—spouse inherits 1/2, children inherit remainder
  • Spouse and at least one child from you and someone other than spouse—spouse inherits 1/2 of all property acquired during the marriage, other property split among children
  • Wife and no children, parents, or siblings—spouse receives everything
  • Spouse and parents—spouse inherits all property acquired during marriage and 1/3 of remaining property, parents receive the rest
  • Siblings and Spouse—spouse inherits all property acquired during marriage and 1/3 of remaining property, siblings receive the rest
  • Siblings and no parents, spouse or children—siblings inherit everything
  • Parents and no children or spouse—parents inherit everything

If You Die With a Will in Oklahoma:

Those who create a will prior to their death have greater control over who will receive what when they die.  When someone dies with a will, their assets will be distributed by the court during the probate process. This is done in accordance with the terms of a will.  For instance, if the will states that the family home will go to the spouse, while the liquid assets will be distributed among the children, the court and executor will ensure this is what occurs.  Wills need not follow the laws of intestacy and can name anyone to receive any assets held by the deceased individual.

If You Die with a Trust:

In the event you have created a trust, your assets will pass nearly instantaneously to your named beneficiaries.  Your assets will avoid the probate process and your named trustee will ensure the assets are distributed in accordance with the terms of the trust.

Free Consultation With Probate Attorneys in Tulsa:

 Estate planning is multifaceted and comes with many options.  The  Estate Planning Attorneys at Tulsa County Lawyers Group have assisted countless individuals in developing an estate plan that best suits their needs and will serve their beneficiaries to the fullest.  We assist with the creation of wills, trusts, and much more.  When you come in for a consultation, one of our experienced estate planning attorneys will examine your asset/debt portfolio and take your wishes into account to generate an estate plan that best protects your assets for your intended beneficiaries.  Contact our Probate attorneys in Tulsa Today.

Adoption Attorneys in Tulsa

Tulsa County Adoption Attorneys

Limiting Oklahoma Adoption Expenses with Tax Credits and Deductions

The attorneys at the Tulsa County Lawyers Group know that adoption places a significant financial burden on families. Many ofTulsa Adoption Attorneys | Tulsa County Lawyers | our clients face adoption expenses well over $20,000, depending on a variety of circumstances, such as the birthmother’s circumstances, country fees, travel expenses, application fees, and medical expenses. Thankfully, tax credits and deductions can help offset the high costs of adoption. This article briefly covers some tax saving options for Oklahoma families that have adopted or are seeking to adopt. Of course, it is only intended as general information, as individual tax questions should be answered by professional legal and tax counsel based on your unique circumstances.

Federal Tax Credits For Adoption

The American Taxpayer Relief Act of 2012 permanently enacted a tax credit for “qualified adoption expenses” incurred to adopt a child under the age of 18, or an older individual physically or mentally incapable of caring for himself or herself. Qualified adoption expenses generally covered by the credit are items such as adoption fees, court costs, legal fees, travel expenses, lodging, and other similar expenses. Qualified adoption expenses do not include expenses to adopt the child of the taxpayer’s spouse. Since 2013, the non-refundable tax credit limit equals $12,970 per child. The credit is further subject to income limitations and dollar limitations based on modified adjusted gross income.

Note the 2013 tax credit is non-refundable. This means taxpayers receive a refund of federal income taxes, but only up to the amount of taxes otherwise due. A refundable credit is one that a person can receive regardless of their tax liability. The only years the credit was refundable were 2010 and 2011. Bills to amend the Internal Revenue Code to continue the refundable adoption tax credit are currently pending in the House and Senate.  But these bills will not impact the 2013 tax year unless retro-active changes occur.

Generally, the credit is allowable whether the adoption is domestic or foreign. However, the tax years for which you can file for the credit vary based on this distinction. When you can claim the credit also depends on whether the adoption has been finalized and when expenses are paid. Credit may be allowable even if the adoption is never finalized, except in foreign adoptions. Additionally, there are special exceptions for credits in the case of an adoption of a U.S.-born special needs child. For purposes of the adoption credit, foreign children do not classify as special needs.  Further, the definition of U.S. children with special needs is very narrow.

The IRS encourages taxpayers to e-file their Federal income tax returns.  Starting in 2013, adoption credit forms are available to e-file. The adoption form is Form 8839, Qualified Adoption Expenses. The taxpayer should save significant documentation in support of the credit.

Oklahoma State Tax Deductions

In addition to the federal tax credit, many states have tax credits or deductions for families adopting children from their state. Oklahoma statute (Title 68 O.S. Section 2358) provides for deductions not to exceed $20,000.00 per calendar year for “nonrecurring adoption expenses paid by a resident individual taxpayer.”

Free Consultation Family Lawyers in Tulsa County

If you are planning to adopt or need additional advice on adoption tax credits available in Oklahoma, contact the experienced family law attorneys at Tulsa County Lawyers Group for a free consultation. Our accomplished and compassionate attorneys and staff will provide you with all of the knowledge you need to determine if adoption is the right step for your family. Call us today to schedule a free consultation. You may fill out our convenient online form, or you may call us at (918) 379-4864. Our staff can assist you in both English and Spanish.

Tulsa County Lawyers

Dedication to Clients is our purpose at Tulsa County Lawyers Group.  When you need a Tulsa Lawyer you need dedication to your legal issue. That means you need a Law Firm that consistently looks to further your legal goals. This is done Tulsa County Lawyers | through dedication. Dedication begins with a strong understanding of the legal issues relating to your legal problem. Next, Dedication means always being available to our clients when they have legal questions.  As a general rule, when you call our office you actually speak to an attorney at our Law Firm. If for some reason we cant answer your call because we are in Court or with other Clients don’t worry. We are dedicated to returning your call and answering your legal question within minutes. At Tulsa County Lawyers Group we practice law in the following areas.

Divorce and Family Lawyers:

Our Tulsa County Lawyers practice a wide range of family law. This includes Wills Trusts and Estate  planning,  probate, Divorce and Child custody. Divorce is our most emotional family law practice area. Without a doubt, divorce or child custody law, involve some of the most turbulent legal issues. If you’re facing divorce, either with or without children you need a Tulsa County Divorce Lawyer that understands family law. A lawyer whose dedicated to guiding you through this emotionally charged legal area. Whether you face an agreed divorce and custody or a high conflict divorce and child custody our dedication to you is what we offer.

Agreed Divorce             Child Custody         Tulsa Guardianship  

High Conflict Divorce   Paternity Lawyers   How Long Does a Divorce Take

Bankruptcy Lawyers:

Sometimes our clients reach the point where they just can’t pay their monthly bills. There are several reasons this happens to people. Some reasons involve unemployment, a family sickness, or a host  of other financial hardships.  If you’ve reached this point in your life a bankruptcy may be a great option for you. Our Tulsa Bankruptcy attorneys can help you file either a chapter 7 bankruptcy or a chapter 13 Bankruptcy. Regardless the chapter of bankruptcy that you decide to file,  bankruptcy is more common than many think. Bankruptcy is not a bad word. Rather, Bankruptcy is a federal program that’s been around since the beginning of our Country. Bankruptcy intends to give you a fresh financial start and also a chance to begin rebuilding your credit. Have a Bankruptcy question? Don’t call a Bankruptcy referral company but rather, call a Tulsa County Bankruptcy Lawyer directly.

Chapter 7 Bankruptcy     Chapter 13 Bankruptcy    Bankruptcy Information

Criminal Lawyers:

Nothing is more troubling than the prospect of time in jail or a criminal record.Even if you dont go to jail a guilty plea will have huge consequences on your future.  A criminal record follows you for the remainder of you life impacting not just your freedom but your ability to get a job and support yourself. Our Tulsa Criminal Lawyers represent clients in both misdemeanor and felony charges. If you’ve been charged with a crime get in front of it by hiring an attorney from Tulsa County Lawyers Group.

Drug Charges                    Tulsa DUI  Attorney        Felony / Misdemeanors

Tulsa Expungements         Violent Crimes               Larceny Crimes     

Personal Injury Lawyers:

If you’ve suffered a personal injury you’re entitled to certain damages under Oklahoma Personal Injury Law. If you’ve beenTulsa County Lawyers injured and the reason for your injury is due the negligent conduct of another you should act now. Whether its a Car or Truck accident, Slip and Fall, Nursing Home Abuse or any other personal injury call our injury attorneys. You are entitled to medical care, pain and suffering, lost wages and more. A personal injury case requires your injury attorney to negotiate with the negligent persons insurance company. Remember this insurance company is not in the business of giving you more but rather they are in the business of giving you less. Our Tulsa lawyers have handled all kinds of personal injury cases. As a result, we have won hundred’s of thousands of dollars for our clients. Don’t go it alone, Call an aggressive Tulsa Personal Injury Lawyer

Car Accidents       Truck Accident Attorneys        Motorcycle Accidents

Slip and Fall          Nursing Home Abuse                Wrongful Death Lawyers

Workers Compensation Lawyers:

You can still file for Workers Compensation in Oklahoma.  Workers Compensation Lawyers help injured Oklahomans who’ve been injured at work get the medical treatment the employer owes them. If you receive injuries on the job, it entitles you to all reasonable and necessary medical treatment. Along with medical treatment you’re entitled to temporary disability payments and permanent partial or total disability payments. The workers comp laws in Oklahoma have changed. This change in the law requires a Workers Compensation Lawyer who understands the changes. If you received injuries on the job don’t wait to file your claim. The law places many restrictions on Oklahoma workers and without solid workers compensation representation you may place those rights in jeopardy.

Partial Disability        Temporary Disability            Work Injury Attorney  

Type Work Injuries     Work Comp Medical Care    New Laws

Immigration Lawyers:

Need an Immigration Lawyer in Tulsa? Our Tulsa County Lawyers immigration attorneys can help you. We help those individuals and families seeking a wide range of visas. The following types of immigrant visas represent our service:

K-1 fiance visas:

Family Visas:

Green Cards:

Employment Visa:

Asylum Visas:

Federal law governs immigration. Therefore, it involves a mass number of federal laws and administrative orders. Immigration law is contently changing and subject to the political tides. Over the past several years new laws have been past and many new laws are sure to follow. Our immigration attorneys will guide you through this ever changing legal practice area.