Cover Image for Domestic Violence Laws in Oklahoma (2024)

Domestic Violence Laws in Oklahoma (2024)

Kaylind Landes
7 minute read

There’s no getting around it: Domestic violence is a serious crime with serious consequences. A conviction has a long-lasting impact on your life, whether it’s for a first-time misdemeanor or a serious felony. Authorities take these accusations very seriously, and you should, too—by learning everything you can about domestic violence laws in Oklahoma so you can be prepared for what happens next.

What Are Oklahoma’s Domestic Violence Laws?

In general, domestic violence in Oklahoma includes acts of physical harm or threats of physical harm against a family member, household member, or intimate partner. Domestic violence laws in Oklahoma apply to adults over the age of 18, emancipated minors, and children age 13 or older, who commit the crime against other adults or minors who meet the same criteria. There are several different types of domestic violence defined in the criminal code.

Domestic Assault and Battery

What It Is: Domestic assault and battery is the most common type of domestic violence. Under the law, assault is “any willful attempt to do a corporal hurt to another.” Battery is “any willful use of force or violence upon the person of another.” The domestic charge uses the same definitions, but is specifically for assault and battery against a current or former intimate partner or a family or household member.

Punishment: The first conviction is a misdemeanor punishable by up to 1 year in prison and a $5,000 fine for a first offense. Additional offenses are felonies punishable by up to 4 years in prison and a $5,000 fine.

Domestic Assault with a Dangerous Weapon

What It Is: Standard assault and battery typically means using your own body to cause physical harm. Domestic assault with a dangerous weapon means using an instrument other than your own body, against a current or former intimate partner or a family or household member.

Punishment: Domestic assault with a dangerous weapon is a felony punishable by up to ten years in prison.

Domestic Assault with a Deadly Weapon

What It Is: The criminal code states that “Any person who, without such cause, shoots an intimate partner or a family or household member … by means of any deadly weapon that is likely to produce death shall, upon conviction, be guilty of domestic assault and battery with a deadly weapon.”*

Punishment: Domestic assault and battery with a deadly weapon is a felony punishable by up to life in prison.

* Note: Oklahoma defines a deadly weapon as any weapon likely to produce death, so it’s not just guns that can be considered a deadly weapon.

Domestic Abuse by Strangulation

What It Is: Domestic abuse by strangulation means you intended to cause a partner, household member, or family member great bodily harm by strangling them or attempting to strangle them.

Punishment: A minimum of 1 year and maximum of 3 years in prison, and a fine up to $3,000 for the first conviction. A minimum of 3 years and maximum of 10 years in prison, and a fine up to $20,000 for additional convictions.

Domestic Abuse Against a Pregnant Woman

What It Is: Committing any of the above crimes against a pregnant woman brings harsher charges. Domestic violence laws in Oklahoma state that “Any person convicted of domestic abuse committed against a pregnant woman with knowledge of the pregnancy shall be guilty of a felony.” Even your first domestic assault and battery charge, which would normally be a misdemeanor, will be a felony if you assault a pregnant woman. This is a new change in the law, and was previously a misdemeanor.

Punishment: The first offense is punishable by up to 5 years in prison. The second offense can result in up to 10 years in prison. If the assault injuries the baby or causes the woman to lose the baby, it’s punishable by up to 20 years in prison.

What Else Should You Know About Domestic Violence Laws in Oklahoma?

Being arrested and charged with domestic violence is only the beginning of a complex legal process. Oklahoma takes domestic violence very seriously, and there are other rules and laws that apply.

Getting Bail

If you’re arrested for domestic abuse, you’ll have to stay in jail until you see a judge. Pre-set bond amounts also don’t apply to domestic violence charges. At the bail hearing, you’ll find out your exact bond amount and be able to get out of jail.

Suspended and Deferred Sentences

First-time domestic violence offenders sometimes receive deferred or suspended sentences in Oklahoma. With a deferred sentence, the judge delays a finding of guilt and puts you on probation instead. If you successfully complete probation, the case is dismissed. A suspended sentence means you’re convicted of the crime, but you’ll stay out of jail as long as you meet your probation requirements.

Other Conditions of Sentencing

Domestic violence laws in Oklahoma give judges the freedom to use their own judgment during sentencing. They’ll consider things like your criminal history and the severity of the crime when sentencing you. In addition to jail time and fines, they can also require you to:

  • Stay away from the victim using a protective order
  • Participate in a 52 week certified batterers’ intervention program
  • Attend anger management or substance abuse classes
  • Enroll in therapy, couples counseling, or another treatment program
  • Perform community service

The judge usually requires you to do these things as a condition of probation for a deferred or suspended sentence. You’ll likely also have to pay all or part of the cost for your own treatment.

The Bottom Line

If you’ve been charged with domestic violence, you might feel overwhelmed and even helpless. It’s important to remember that you have the same rights under Oklahoma’s domestic violence laws as you would for any other crime, and there are steps you can take to defend yourself. Most importantly, you need to hire an experienced attorney who can fight for you in court and negotiate the best possible outcome. Contact the Khalaf Law Firm for your free case evaluation today.