Oklahoma Criminal Domestic Violence Laws

Like all states, Oklahoma has laws that are aimed at protecting people from domestic abuse or violence. A person who commits domestic abuse can face arrest, criminal charges, incarceration, protection orders, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic abuse or is interested in understanding the law. Read on to learn the types of crimes that qualify as domestic abuse misdemeanors and felonies, and the penalties that come with assaulting a spouse, dating partner, family member, or others who are close to the offender.

What Is Considered Domestic Abuse in Oklahoma?

Domestic abuse in Oklahoma includes threats or acts of physical harm committed by or against an "intimate partner" or "family or household member."

Intimate partners include:

• current and former spouses
• current and former dating partners
• parents of a child, and
• persons who live or have lived together in an intimate way (affectionate or sexual).

Family or household members include:

• parents and children (including biological, adoptive, step, and foster relationships)
• grandparents and grandchildren
• persons related by blood or marriage, and
• persons living in the same household.

Protective orders. A victim of domestic abuse can ask a court for a victim protective order (also called a VPO). A judge can impose any conditions in the protective order necessary to stop the abuse, such as prohibiting the abusing party from contacting, seeing, threatening, or harming the victim. A violation of a protective order is a misdemeanor for a first offense and a felony for repeat offenses. Mandatory minimum sentences apply if the abusing party physically injures the protected victim.

(Okla. Stat. tit. 22, §§ 60.1, 60.2, 60.4, 60.6 (2024).)

Is Domestic Abuse a Crime in Oklahoma?

Yes, Oklahoma law has several crimes specific to domestic abuse. Domestic abuse crimes fall under Oklahoma's assault-and-battery laws.

An assault occurs when someone threatens or attempts to cause physical harm to another person. For example, raising a clenched fist and moving toward another is an assault, as is trying to punch someone and missing. A battery is the intentional use of force against another person that causes them harm or offense. Landing the punch, for instance, could result in assault-and-battery charges.

When any of these offenses target an intimate partner or family or household member, it becomes domestic abuse.

(Okla. Stat. tit. 21, §§ 641, 642, 644 (2024).)

Understanding Domestic Abuse Charges and Penalties in Oklahoma

Domestic abuse crimes carry different penalties depending on the level or risk of harm involved and whether the defendant had a criminal history, used a dangerous weapon, or targeted a pregnant victim.

Below are summaries of Oklahoma's domestic abuse crimes and their penalties.

Domestic Abuse

The crime of domestic abuse is an assault and battery against a current or former intimate partner or family or household member.

If the crime is a first offense, it's a misdemeanor punishable by up to one year in jail, a fine of up to $5,000, or both. If the offense is the offender's second or subsequent domestic abuse conviction, it's a felony that carries up to four years in prison, a fine up to $5,000, or both.

Domestic Abuse With a Prior Pattern of Physical Abuse

If a defendant commits domestic abuse and the prosecution proves they have a "prior pattern of physical abuse," the crime is a felony that carries up to 10 years in prison or a fine up to $5,000, or both. The evidence must show that the defendant committed physical abuse against a domestic victim in three different instances on different dates. The previous incidents need not have resulted in arrests or convictions, but the evidence of the prior acts must be something other than testimony from the victim in the case in which the defendant is charged.

Domestic Abuse Committed in the Presence of a Child

Domestic abuse committed in the "presence of a child" carries a mandatory minimum sentence. Being in the "presence of a child" means the defendant committed the abuse in front of the child or knew the child could hear or see the abuse.

For a first offense, there's a minimum sentence of six months and a maximum of a year in jail, a fine up to $5,000, or both. If the offense is a second or subsequent conviction for this crime, it's a felony punishable by a minimum of one year and a maximum of five years in prison, a fine up to $7,000, or both.

Domestic Abuse Committed Against a Pregnant Woman

If the abuse is committed against a pregnant woman and the offender knows of the pregnancy, the crime becomes a felony. For a first offense, a defendant faces up to five years in prison. If the offense is a second or subsequent conviction, the maximum penalty increases to 10 years. Any abuse resulting in miscarriage or injury to the unborn child can be punished by up to 20 years of prison time.

Domestic Abuse Resulting in Great Bodily Harm

When abuse results in great bodily harm to the victim, the offense is a felony punishable by up to one year in jail or up to 10 years in prison. Great bodily harm is more serious than a scrape or bruise and consists of significant injuries, such as a broken bone, visible disfigurement like a large scar, a serious head injury, or loss of function in some part of the body—a leg or hand or bodily organ.

Domestic Abuse by Strangulation

If a defendant commits assault and battery by strangulation or attempted strangulation, the offense is a felony. A first offense carries one to three years in prison, a fine of up to $3,000, or both. A second or subsequent offense can result in three to 10 years in prison, a fine up to $20,000, or both.

Domestic Assault or Domestic Assault and Battery With a Weapon

When the offense is committed with the intent to cause great bodily harm and the defendant uses a weapon, the crime becomes more serious.

An object is a dangerous or deadly weapon if it's designed to inflict life-threatening or great bodily injury, or is used in a manner that could produce such injury. Firearms and knives are deadly weapons by definition, but a large rock, steel-toed boots, and a baseball bat also are deadly weapons because they could be used in a manner that would cause serious harm.

Domestic assault or assault and battery with a dangerous weapon is a felony punishable by up to one year in jail or up to 10 years in prison. But if the victim is shot, the penalty is up to life in prison.

(Okla. Stat. tit. 21, §§ 644, 644.1 (2024).)

Arrest, Bail, and Firearm Restrictions in Oklahoma Domestic Violence Cases

Oklahoma law imposes certain duties on police and judges in domestic abuse cases. A conviction or protective order can also result in firearms restrictions for defendants.

Arrests and Domestic Violence Calls

An officer in Oklahoma can make a warrantless arrest if they have probable cause to believe the person has committed domestic abuse within 72 hours before the arrest, even if the officer didn't see the assault. Oklahoma has a mandatory arrest policy if the officer believes the suspect violated a protective order. At the time of an arrest, the officer must seize any weapons believed to have been used in the offense.

Bail and Release Considerations for Domestic Abuse Charges

Defendants accused of domestic violence or violating a protective order don't qualify for release on recognizance and must go before a judge to be released on bail or bond. The judge must consider the victim's safety and any prior patterns of abuse when setting bail and conditions of release. Conditions of release can include a protective order and GPS monitoring.

Firearm Restrictions in Domestic Abuse Cases

Oklahoma and federal laws prohibited persons convicted of felonies from possessing firearms. Federal law also prohibits possession of firearms by individuals convicted of misdemeanor crimes of domestic violence. Finally, defendants subject to protective orders may be restricted from possessing a firearm while the order is in effect. Possession of a firearm by a prohibited person carries felony penalties.

(Okla. tit. 21, §§ 1283, 1284; tit. 22, §§ 60.4, 60.8, 60.9, 60.16, 1101, 1105 (2024); 18 U.S.C. § 922 (2024).)

Defenses to a Domestic Violence Charge in Oklahoma

In any assault or battery case, some general defenses might apply, depending on the circumstances. Self-defense and accident (no intent) are often raised in domestic violence cases. Also, though less common, sometimes a defendant can show that the accusations are false because the victim had it out for the defendant or lied for other reasons.

The defendant also might be able to argue at trial that the prosecutor didn't prove each element of the case beyond a reasonable doubt.

The Value of Good Representation

If you're charged with domestic violence or served with a VPO, contact an Oklahoma criminal defense attorney right away. A lawyer can help you understand what's at stake, protect your rights, and vigorously defend your case.