Oklahoma family law statutes provide former spouses and parents a number of ways to enforce their rights and court orders concerning child support and child custody. In addition to those enforcement mechanisms, the law says that some commonly-occurring family law conduct is criminal.
Failure to Support a Child
A person who has custody of a child and is accused of failure to provide the child with basic necessities can be charged with a misdemeanor. A person who is ordered to pay child support and does not pay for one year or whose child support arrears exceeds $5,000, can be charged with a felony.
Violation of an Oklahoma Child Custody Order
A person who violates an Oklahoma court order for child custody, intending to keep the child from the custodial parent, may be charged with a felony.
If a married person has voluntary sexual intercourse with someone of the opposite sex in Oklahoma, either one may be charged with adultery, which is a felony carrying up to five years in prison.
To obtain a protective order, a petitioner must allege rape, domestic violence, stalking or harassment. These are all crimes. This means that if a protective order petition has been filed against you, the person filing the petitioner is accusing you of criminal activity.
These are real Oklahoma laws and examples of the interplay and intersection between family law and criminal law. Many family law attorneys are either ignorant of these laws or choose to ignore them and refuse to advise or represent their clients if there are criminal accusations or charges in family law cases. We know the laws and are able to fully advise each client about the law and potential consequences of accusations and conduct, including when, where, why and why you might not choose to exercise your 5th Amendment privilege against self-incrimination. We don't just know the laws -- we have real experience representing clients accused of these crimes and more in Tulsa and in surrounding counties. Each of us is an active member of the Oklahoma Criminal Defense Lawyers Association and the National Association of Criminal Defense Lawyers. If you are accused of or charged with a crime, do not say anything other than, "I want to talk to my lawyer," and call us.