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Does a terminally sick wife have rights if a no contact order was placed

This legal question related to domestic violence attorneys in Oklahoma has been answered.

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Location: Oklahoma  |  Law type: domestic violence attorneys
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My husband and I got into a very bad or did it meant heated loud argument about a week and a half ago my girlfriend called 911 and had the police come to my home told them that my husband was beating the s*** out of me which he was not I'm stage 4 terminal cancer patient I'm on hospice and I'm dying my husband is my 100% caregiver when the hospice nurses are not here they're only here 3 days a week an hour at a time so I need my husband to care for me I'm also in a wheelchair I cannot walk they arrested him on Friday on some bogus charges that he beat me up real bad on the statement that I had written which I didn't know if I wrote a statement it would automatically convict him this day would pick it up cuz I told them I was not pressing charges he didn't hurt me and I didn't let that paramedics check me out or nothing I have no marks they did nothing wrong and I'm needing him home right now I started hemorrhaging this morning they're admitting me till I see you I'm going into emergency surgery the judge yesterday refused to lift the no contact order and will not reduce his bond to let him come home to me and I'm really sick and I don't think this is fair is this against the wall because of my condition and how do I get this taken care of immediately

Commonly posted questions...

Proving Innocence in Domestic Violence Accusations?
10 months 2 weeks ago, domestic violence attorneys, Minot

Legal Solution

The response provided below is specific to domestic violence attorneys in the jurisdiction of Oklahoma. If the response is inadequate, please submit a detailed inquiry.

Analysis of the Situation

Given the situation you've described, it's clear that the intersection of domestic issues, medical conditions, and legal implications is highly complex. Specifically, with a no-contact order in place against your primary caregiver (your husband), combined with your medical condition, this creates a pressing need for immediate legal intervention.

Relevant Legal Provisions in Oklahoma

For clarity, you may want to familiarize yourself with the following provisions:

  • Oklahoma Statutes Title 22. Criminal Procedure: Specifically related to the issuance, modification, or lifting of protective orders.
  • Oklahoma Statutes Title 43A. Mental Health: Touching on the rights and provisions for individuals with severe medical conditions.

For detailed specifics on these statutes, you might want to visit the Oklahoma State Courts Network.

Possible Solutions

To address your current predicament, consider the following steps:

  1. Immediate Legal Counsel: Engage with a domestic violence attorney in Oklahoma who can guide you through the nuances of your situation and help petition for a modification or termination of the no-contact order.
  2. Medical Testimony: Considering your medical condition, obtaining a testimony from your healthcare provider can emphasize the urgency of the situation and the necessity of having your husband as a caregiver.
  3. Statement Re-evaluation: Work with your attorney to re-evaluate the statement given to the police, especially if it was made under duress or without a full understanding of the consequences.

Cost Analysis in Oklahoma

Service Average Cost in Oklahoma % Difference from National Average
Legal consultation $250/hr +5%
Drafting legal documents $500 +10%
Court representation (per day) $2,000/day +8%
Emergency court hearing $3,500 +12%
Modification of protective order $1,500 +7%

Oklahoma, especially in urban areas, tends to have slightly higher legal fees than the national average due to the demand for legal services and the cost of living.

Complexity of Such Cases

These cases are intricate due to the overlap of criminal, domestic, and health laws.

  1. Case of Maria: A woman in Oklahoma had her husband arrested for verbal threats. Despite this, she needed him for care due to her paralysis. Through legal mediation, they arranged monitored visits until the case was settled.

  2. Case of John: Accused of harming his wife, he was issued a no-contact order. The wife, who had Alzheimer's, relied on John for daily care. Through legal proceedings and medical evidence, the order was modified to allow John's presence with a third-party mediator.

  3. Case of Allison: Diagnosed with Multiple Sclerosis, her primary caregiver was her brother, who was later issued a no-contact order due to a familial dispute. Legal intervention and medical testimonies highlighted the necessity of her brother's support, leading to a conditional lifting of the order.

Relevant Questions for Further Clarification

  • Have there been previous incidents or legal interventions between you and your husband?
  • Were there any other witnesses present during the incident, besides your girlfriend?
  • Have you or your husband previously engaged with an attorney or sought legal counsel on related matters?

Frequently Asked Questions in Oklahoma

Q1: Can a no-contact order be modified or terminated in Oklahoma?

In Oklahoma, a protective order can be modified or terminated with the help of legal counsel, especially when substantial evidence like critical health conditions come into play.

Q2: If I didn't press charges, why was my spouse arrested?

The state can choose to press charges based on the statement or evidence at the scene, even if the victim decides not to.

Q3: How long does it typically take to modify or lift a no-contact order in Oklahoma?

Depending on the circumstances, urgency, and the court's schedule, it can take anywhere from a few days to several weeks.

Q4: Will medical records/testimonies be beneficial in such cases?

Absolutely. Medical testimonies can provide substantial evidence of the necessity and urgency of having a primary caregiver.

Q5: How can I ensure my safety while also getting the care I need?

If genuine concerns about safety persist, consider seeking supervised or third-party mediated care, ensuring both safety and required assistance.

Remember, the priority is to ensure your well-being while navigating the legal complexities. It's crucial to engage with a legal professional who can provide tailored advice. You might want to compare lawyers in your area to find the right match for your needs.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Does a terminally sick wife have rights if a no contact order was placed " has been changed 8 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Oklahoma & area of law: domestic violence attorneys.
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