So two people in a relationship are having a squabble. Maybe there was never a fight at all. Either way it’s domestic abuse charges if anyone from Jimmy, Janie or the nosy- ass next door neighbor calls the Police. Once the Police come, then it’s only a question under Oklahoma Law if the Officer sees visible injuries consistent with Domestic Abuse Assault and Battery or in the Wine bottle case Domestic Abuse with a Dangerous Weapon. And now someone has a case to fight and only the Strongest Criminal Defense Lawyer will do. A Criminal Defense Lawyer that is proven on the Courtroom Battlefield with Numerous Victories in Domestic Abuse Assault and Battery cases. That Lawyer is Oklahoma City Lawyer Criminal Defense Attorney Robert Eliot Sisson.
True Case Story: I had a case years ago where the young woman’s nose was folded to the side of her very pretty face. The Police arrest For Domestic Abuse as her nose is folded over almost to her cheek. Big Duh Moment when my client is charged with Domestic Abuse Assault And Battery. Thankfully I, Criminal Defense Attorney Robert Eliot Sisson, performed a thorough case investigation which revealed that her nose was that way since birth and I acquired a High School Graduation picture and there was the nose. Case Dismissed!
That’s why You Hire OKC Domestic Violence Attorney Robert Eliot Sisson, an Experienced Criminal Defense Attorney. Robert Eliot Sisson Attorney at Law Since September 20, 1989.
Lets discuss some Law. Domestic Violence / Domestic Abuse is the Worst Misdemeanor Crime on the Books to be convicted of. If a person has a conviction for Domestic Violence / Domestic Abuse they are prohibited from owning a firearm or even ammunition. As well, if a person pleads guilty and gets a Deferred Sentence ( Probation without Conviction) and then gets charged again with Domestic Violence / Domestic Abuse than that person will likely be charged with Felony Domestic Abuse.
There are situations where a first offense for Domestic Violence / Domestic Abuse can and usually will be charged as a Felony and that is where a bone is broken or a weapon used or the person is allegedly strangled.
In the usual case, police responding to a Domestic Violence / Domestic Abuse call are not walking in to an ongoing physical situation. Now if alcohol is involved all bets are off. All too frequently the first person to call Police is declared by Police to be the Victim whether or not the person in truth was a victim. It’s called the first one to call rule. It sucks. But sometimes Law Enforcement gets it right. Sometimes, one person truly started “it”. Frequently the situation involves mutual combat or relationships that are naturally tempestuous where both parties agree to have a “hot” relationship because the “making up” is ”worth it”. A person can consent to a degree of violence or there would be no Boxing or Football. In many situations, law enforcement is forced to make a fateful decision on who the domestic violence suspect is and who the domestic abuse victim is.
DEFENSES TO DOMESTIC VIOLENCE / DOMESTIC ABUSE
It Must Never Be Forgotten that the Defense of Self-Defense Applies.
True Case Story: I had a client charged with Breaking his Wife’s Jaw. Many Lawyers would tell themselves that this client is fucked. He Broke his Wifes Jaw!!! He is Done. Over. Kaput. KO’d. Outta Here. NOT SO!!!
This client had the good sense to hire Robert Eliot Sisson Criminal Defense Attorney who has Won Domestic Violence / Domestic Abuse Assault and Battery cases over and over and over again!!!
So here’s what happened, The client who stood six feet two and 250 and no fat tells me he has a defense. Self defense. I look at him and think this better be good. It was!! He tells me he is sound asleep and the angry wife jumps on top of him and starts hitting him in the head with all her might. I think she is five feet zero and 90 pounds. Nope he says. She is built stout. No fat. Very feminine. Very normal. Alcohol. They are married with children and this case could really mess his life up. Well knowing the value of a thorough investigation, I ask to meet her. And no one as in NOBODY could withstand her swinging at full throttle. Nope. But now I got a problem. The DA won’t talk about it. She says he broke her jaw so nothing to talk about. So I know one thing:
The DA cannot refuse a “Victim Interview”.
So I ask the Mrs.’s to come with me to the District Attorneys Office and the alleged victim will in real time request in person discussion of the case with the assigned DA. SO the young ADA agrees that she will meet the Mrs.’s and when she does she gulps as she looks at the Mrs.’s and the Mrs.’s says what would you do if I started hitting you in the head with all I got? The young ADA to her credit said only these words: STATE WILL DISMISS. And so it was.
That is Why You should Hire Robert Eliot Sisson Criminal Defense Attorney who has won numerous Domestic Violence / Domestic Abuse Cases!!!
The newest threat from the DA’s office is the threat of Victimless Prosecution of Domestic Violence / Domestic Abuse cases.
Victimless Prosecution is akin to prosecuting a murder case in that the victim will not be testifying. So the State must rely on those items of potential Direct and Circumstantial Evidence such as 911 calls, Video from Cellular Telephones, Police Body Cameras, and that Nosy-Ass Next-Door Neighbor I spoke of earlier. Police investigation adds another layer of possible evidence such as Crime Scene Photographs, Statements of the Parties and Witnesses. All cases are different and that is precisely why experience at winning counts! Criminal Defense Attorney Robert Eliot Sisson Wins Cases. Winning means case dismissed or a verdict of not guilty and occasionally a sweet plea agreement. Some lesser lawyers think a plea deal is a win. Well sometimes that’s right. But sometimes that is very wrong.
Oklahoma offers legal protection to victims of domestic violence and stalking, by way of a Victim Protective Order (VPO) that is sometimes given to a party that has proven that they qualify under the law for a Victim Protective Order. A VPO is a court order that legally directs one party to do certain thing like stay away from a person or to not do certain things like do not call or write a specific person. First offense Violation of a Victim Protective Order is a misdemeanor. The Danger of having a VPO issued against you is that you are living on eggshells. If the holder of the VPO is honest and you act right all will be good. But, if the person holding the VPO is not so honest A person can find themselves in Jail and Know They Are Innocent. Fortunately in the United States and Oklahoma a person is presumed legally innocent.
A person subject to a VPO is prohibited from possessing a firearm or even ammunition. And yes it has been prosecuted. Those simple divorce pretrial do not harass each other orders are protective orders and it is generally advisable for a person not otherwise under a firearms disability to dispossess themselves of all firearms and ammunition before the Divorce Judge issues the standard or even specific mutual protection orders.
Sometimes A person will use the VPO laws to harass another person. Please believe me when I tell you that having a VPO on you is no joke!!
If someone files a VPO on you do not hesitate because the VPO court can move quickly and you need counsel. Experienced Counsel. Counsel that has Won Numerous VPO cases. That Lawyer is Robert Eliot Sisson Criminal Defense Attorney. Since 1989.
WHAT IF YOU VIOLATE THE VPO?
The first question, ”Is the VPO valid?” One must look carefully at the court records and discuss the matter in detail. If the VPO was defective legally there may be no violation.
What is the proof? Was the client somewhere else at the time and could not have committed the violation? Is the VPO holder provably lying? Only a thorough investigation will tell.
If a Victim Protective Order is granted, it is not a criminal conviction. A VPO is a legally enforceable Judicial Order that has the full force of a civil order from a judge but does not carry any potential jail time or punishment commonly associated with a crime. However, if someone who has VPO granted against themselves violates the conditions and restrictions of a VPO, they could face criminal charges for violating the protective order.
A first offense for violating a Victim Protective Order is charged as a misdemeanor. It can carry up to a maximum of one year in county jail and a maximum fine of $10,000.00. A second or subsequent VPO violation is a felony charge that carries a punishment range of 1 to 3 years in prison and a max fine of up to $10,000
Please Remember that you have The Right To Remain Silent and Anything You Say Can And Will Be Used Against You! So it’s almost always best to Shut The Fuck Up!!!
IF YOU OR SOMEONE YOU CARE ABOUT IS FACING DOMESTIC ABUSE OR VPO VIOLATION CHARGES PLEASE CALL THE LAWYER THAT WINS, ROBERT ELIOT SISSON.
Free Consultation, no need to call, just drop by the office between 12:30 and 1:30 for your free consultation. Other times available by appointment.
217 N. Harvey, Suite 204
Oklahoma City, 73102
Next to Oklahoma County Courthouse