Obtaining a Protective Order in Tulsa County

How To Obtain a Protective  Order in Tulsa

A Protective Order in Tulsa Oklahoma is a quasi-criminal proceeding that has been established on the state’s Protection from Domestic Abuse Act.  The intent of a Protective Order in Tulsa is to serve as a deterrent from continued behavior of domestic abuse, stalking, harassment and rape.  While there is nothing stopping the defendant (the individual whom the Protective Order is issued against), from continuing this behavior, once they have been served with the Protective Order any violation against it becomes a criminal matter.

Protective Orders are issued in two stages.  First is the Emergency Protective Order stage, where the plaintiff (the individual asking for protection) petition’s the court for the Protective Order.  They will need to complete the petition and associated paperwork which sets out the incident that involved abuse, harassment or stalking.  If the individuals are not in a domestic relationship, the plaintiff will need to first file a police report regarding the incident. Once the Emergency Protective Order has been issued, the sheriff’s department will serve the defendant with a hearing set two weeks out in regards to why the Protective Order should continue.

While an attorney is not necessary for the initial petition, one is recommended for the hearing stage where evidence and testimony can be presented.  If after the hearing the Protective Order is granted, it will be on the defendant’s record on a permanent basis.  The court may, through a Protective Order, issue proper on temporary basis, restrict the defendant’s access to firearms or have them surrendered to law enforcement and may award fines, costs and fees against the defendant.

Minor children can also be added to a Protective Order, but only temporary.  Protective Order law is not there to provide a modification of custody or visitation.  Should children be involved, the court will transfer the Protective Order case to an underlying family matter or require the plaintiff to initiate a family law proceeding.  Judges will often require that an emergency custody proceeding be filed within a certain amount of time or the protective order in regards to the minor children will be dismissed.

Free Consultation: Protective Order in Tulsa Lawyers

If you need to obtain a protective order against another or if a protective order has been issued against you we can help. Call us at 918-743-2233 and get a free consultation.

Obtaining a Protective Order in Tulsa County

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Oklahoma Garnishments in Bankruptcy

Stopping Oklahoma Garnishments in Bankruptcy

Wage garnishment can occur automatically when certain government agencies like the IRS or other creditors think that you owe them money or it can occur as a result of a court order that one of your creditors have secured against you. A wage garnishment summons is then issued to your employer. Either way, third parties can take up to 25% of your pay each and every pay period for a period of time that they determine will be necessary for you to pay off the debt you have to them. Justifications for bankruptcy like misleading sales pitches and usurious interest rates aside, if you are subject to Oklahoma wage garnishment your employer must comply with the government agency or court order and you’ll be receiving a smaller pay check from which you may have already been struggling to make ends meet, feed your family and to put a roof over your head.

There is however a remedy available to you to put a stop to an Oklahoma garnishments in bankruptcy. Basically you must make one of two choices. You can pay off your debt to the company government agency to whom you owe money, or you can file for Chapter 7 or chapter 13 bankruptcy. Assuming that you are unable to pay the debt, filing for bankruptcy will create an automatic “stay” and your paycheck will be immediately restored to it’s full value.

In addition to restoring your paycheck back to normal, filing for bankruptcy can afford you the additional protections of putting an immediate end to harassing phone calls from creditors as well as stopping any debt-related law suits that have been filed against you. If you are the subject of wage garnishment, debt law suits, or collection harassment, call us today and schedule an appointment with one of our experienced Oklahoma bankruptcy attorneys to see which type of bankruptcy best suits your individual financial situation. There is no cost or obligation.

Get a Free Consultation Regarding Oklahoma Garnishments in Bankruptcy

If your paycheck is being garnished call our attorneys regarding stopping Oklahoma garnishments in bankruptcy. You can stop the garnishments and all other collection activity while writing off the debt by filing bankruptcy. Call us today at 918-743-2233.

Oklahoma Garnishments in Bankruptcy

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Expunging Protective Orders Tulsa

Expunging Protective Orders Tulsa Oklahoma Attorneys

Oklahoma law allows individuals to seek protection from undue stalking, harassment or abuse through emergency protective orders and if necessary and upon a showing of good cause, a permanent order of protection. While emergency and final protective orders will not actually prevent an individual from choosing to pursue their stalking, harassment or abuse, these orders serve as a deterrent from further behavior, because future violations are prosecuted as crimes.

The relative ease in which one can obtain an emergency protective order is a double edged sword. One because it places some form of protection upon the victim immediately. On the other hand it allows for individuals not necessarily seeking such protection or needing it to get an emergency protection order as a bargaining tool in a divorce or paternity proceeding. While Oklahoma protective order strictly forbids such orders from acting as a modification of child visitation and custody, they are often used as a form of temporary relief to do just that.

More often than not emergency protective associated with pending divorced or paternity cases end up being dismissed. Unfortunately, once the dust settles, the alleged “perpetrator” is left with an easily searchable record that will reveal the allegations and the granting of at least an emergency protective order. This can be very detrimental for the individual because it can prevent them from getting a job to potentially obtaining a guardianship or custody of other children.

Fortunately, Oklahoma law also provides for these orders to be expunged, effectively removing them from public record. The law provides 4 situations where an Oklahoma protective order can be expunged:

1. the order terminated due to dismissal of the petition before the full hearing, or denial of the petition upon full hearing, or failure of the plaintiff to appear for full hearing, and at least ninety (90) days have passed since the date set for full hearing;


2. The plaintiff filed an application for a victim protective order and failed to appear for the full hearing and at least ninety (90) days have passed since the date last set by the court for the full hearing, including the last date set for any continuance, postponement or rescheduling of the hearing;


3. The plaintiff or defendant has had the order vacated and three (3) years have passed since the order to vacate was entered; or


4. The plaintiff or defendant is deceased.

In order to pursue the expungement, a petition for expungement will need to be filed with the court and then the individual that initially pursued the protective order must be given proper notice of the filing, along with the county district attorney’s office as well as any other individual who would be relevant to the proceeding. From there, if there is not an agreement for the expungement, then the court will weigh the evidence and decide if the harm to the privacy of the person seeking the expungement or dangers of unwarranted adverse consequences outweighs the public and safety interests of the parties to the protective order in retaining the record.

Free Consultation – Expunging Protective Orders Tulsa

A protective order, either granted or dismissed, is a part of your background and shows up on employment and credit searches. Luckily our attorneys are skilled at Expunging protective orders Tulsa. Call today and lets work towards sealing this record as if it was never filed in the first place. Call Kania Law Office at 9180-743-2233

Expunging Protective Orders Tulsa

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Oklahoma Lawyers Immigration Application Process

President Obama Overhauls the Broken Immigration Application Process

As part of his commitment to immigration reform, President Obama announced sweeping changes to the immigration application process on November 20, 2014. These changes are not statutes but rather executive actions and have thus garnered a lot of criticism by the Republican-led Congress.

As part of his address regarding immigration application process and reform from the White House, President Obama promised to tighten enforcement of the borders, focus resources on deporting immigrants convicted of violent crimes and felonies, and permitting temporary residency for immigrants who pass criminal background checks and pay taxes. The crux of the reform program lies in five separate initiatives:

1.  Creating the Deferred Action for Parents of Americans and Lawful Permanent Residents program


2. Expanding eligibility for the Deferred Action for Childhood Arrivals program


3. Developing publicity programs for the citizenship eligibility and application process, as well as increasing the number of services for lawful permanent residents


4. Fixing issues with various visa programs in order to enable more immigrants to lawfully work


5. Expanding waivers to include spouses, sons, and daughters

As part of the reform of the immigration application process and Under the Deferred Action for Parents program, USCIS will now permit alien parents of both U.S. citizens and green card holders to remain in the U.S. for three years pending a final decision on their immigration status. This is known as deferred action because it defers the immigration decision and allows the alien to remain in the U.S. pending that decision. In addition, under the program, the alien will be permitted to legally work in the U.S. Eligibility for this program includes: (1) the parent must pass a criminal background check and (2) the parent must have lived in the U.S. continuously for the past five years. This program targets undocumented immigrants and seeks to find a way to document them by removing the fear of immediate deportation. The parent must not be an enforcement priority for removal. Not all applications under the program will be approved, though President Obama did not state what percentage of applicants should expect to be approved. USCIS has ultimate discretion and will decide on a case-by-case basis.

Under the Deferred Action for Childhood Arrivals program, if you are an alien who (1) moved to the U.S. prior to January 1, 2010 (2) when you were a child under the age of 16 and (3) have remained in the U.S. ever since, you can be eligible to legally work in the U.S. for 2-3 years. This program is also aimed at undocumented immigrants. Enrollment in this program can be renewed after expiration.

USCIS will also be providing more educational materials and programs designed to assist lawful permanent residents with the naturalization process. In addition, applicants can now use credit cards to pay for fees and may be eligible for fee waivers.

USCIS will be working with the Department of State to streamline the visa process for immigrants who wish to work in the U.S. The old system was incredibly slow, leading to lengthy delays and preventing workers from beginning their jobs. The new system will partner with the Department of State to modernize the application and approval process in order to more easily review eligibility and issue visas. This will assist more immigrants with entering the U.S. to work when sponsored by an employer. According to President Obama, this will improve the economy and create more jobs. In addition, the President hopes to encourage more inventors, entrepreneurs, and researchers to take up residence in the U.S.

Finally, the executive order expands provisional waiver eligibility. Prior to the executive order, only minor children and spouses of U.S. citizens could receive provisional waivers. However, now, children and spouses of lawful permanent residents can also receive a waiver. These family members must have resided in the U.S. for at least 180 days undocumented to be eligible to apply.

Free Consultation; Call For Information;

The immigration application process is being reformed with more opportunities for those who are seeking legal immigration status. This enhanced immigration application process is helping countless families and individuals to live in the United States on get on the path to legalization in many cases. Call Knnia Law Office today at 918-743-2233

Oklahoma Lawyers Immigration Application Process

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Tulsa Green Card Application Attorney

Tulsa Green Card Application Process

A green card is a resident visa named after the color of the identification card issued to qualified aliens. The green card allows foreign citizens to live and work in the U.S. lawfully. The official name for the green card is Form I-551. If you are not eligible for U.S. citizenship but you wish to permanently reside in the U.S., you can apply for a green card under one of three conditions:

• An immediate family member such as parent or child can petition for a green card on your behalf and sponsor you


• A spouse who is a U.S. citizen can petition for a green card on your behalf and sponsor you


• An employer can petition for a green card on your behalf and sponsor you if and only if you meet very specific criteria regarding sought-after and unique skills, as well as other eligibility criteria

The procedure of obtaining a green card begins with entering the U.S. as a legal immigrant. Then you must complete Form I-551. All applicants must have a U.S. citizen sponsor, such as an employer or spouse. If you are in another country, you can file your petition with the U.S. embassy of that country. If you are in the U.S., you can file your petition with United States Citizenship and Immigration services (‘USCIS’).

In addition to requiring a sponsor, USCIS may also require personal letters from individuals who know you well who can attest that you are not obtaining residency status for a fraudulent purpose and that you are of good moral character. These letters must be written by U.S. citizens. In addition, you may be required to provide information about where you will be living and with whom, your job situation, and your background. USCIS may also require that you take and pass a civics exam on American history and government.

If USCIS permits green card status, your green card will be conditional and will expire after two years. This is designed to weed out individuals who are using fraudulent methods to become legal residents. A common scam is known as the ‘green card marriage.’ If you marry someone solely to get a green card so that you can legally live and work in the U.S., you are violating U.S. immigration laws. Generally, these types of couples do not last very long, and USCIS hopes to weed them out by requiring them to stay together for at least 2 years before granting the alien with permanent green card status.

If you have a conditional visa, you will need to petition to remove the conditions before the 2-year expiration date. You must file this petition at least 90 days before you card expires to make time for the lengthy approval process. Form I-751 is the form associated with removal of conditions. You may again be requested to submit letters from U.S. citizens who know you well and can attest to your commitment to the U.S. and your spouse. You will also be required to validate your marriage, meaning you must prove that you did not get married for fraudulent reasons. You can do this by providing USCIS with evidence, such as:

• Witness letters


• Property deeds containing both names


• Joint tax returns


• Joint bank accounts


• Honeymoon photos

If the conditions are removed, you will be given a permanent resident card. This card will need to be renewed every 10 years. To renew a permanent resident card, simply submit Form I-90. If you receive a conditional green card due to a marriage and then divorce prior to requesting removal of your conditions, you may be removed from the country when your green card expires. However, in some circumstances, USCIS will permit you to petition without sponsorship by your ex-spouse. These circumstances usually involve extreme situations such as death of a spouse or domestic violence that necessitated divorce.

Free Consultation With Tulsa Green Card Attorney

If you need information regarding immigration call our Tulsa green card attorney today. The immigration process is complex and mistakes can set you back years. There is no reason to go it alone. Our attorneys have helped people form all over the world with visas, green cards and most other immigration issues. Call 918-743-2233 and talk to a Tulsa Green Card attorney

Tulsa Green Card Application Attorney

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Tulsa Oklahoma Double Jeopardy Lawyers

Does My Case Qualify for Oklahoma  Double Jeopardy Dismissal?

In the popular 1999 crime thriller Double Jeopardy starring Tommy Lee Jones and Ashley Judd, Ashley Judd and her husband are a wealthy, successful couple with a son. In order to avoid debts and looming bankruptcy, her husband purchases a life insurance policy with a very hefty payout and names their son as the beneficiary. Her husband then fakes his own death and frames Ashley Judd for murder. Ashley Judd is convicted of murder and sentenced to prison. When she is released, she finds out that her husband is alive, has the son, and used his fake death to collect the life insurance proceeds through their son. Ashley Judd then resolves to hunt down her husband, reclaim her son, and kill her husband. Because Ashley Judd was already convicted of her husband’s murder, she believes that the doctrine of double jeopardy will allow her to kill her husband without consequences because she cannot be prosecuted for the same crime twice.

Is this correct? And what exactly is the doctrine of Oklahoma double jeopardy?

The double jeopardy doctrine is found in the Fifth Amendment of the U.S. Constitution. It states that no person “shall . . . be subject for the same offense to be twice put in jeopardy of life or limb.” The double jeopardy doctrine prevents:

1. Prosecution for the same crime after an acquittal


2. Prosecution for the same crime after a conviction


3. Multiple punishments for the same crime

Oklahoma Double jeopardy only applies to criminal proceedings prosecuted by the same prosecuting authority. Thus you can be prosecuted for the same crime by Oklahoma state police and the federal Department of Justice.

Jeopardy must attach for your rights to be protected. Oklahoma double Jeopardy attaches in a bench trial before a judge when the judge begins to hear evidence and in a jury trial when the jury is sworn in. Thus if you show up on the day of trial and the Oklahoma prosecutor’s key witness does not appear to testify against you, your case will likely be dismissed for want of prosecution. However, the prosecutor may rebring the charges against you and attempt to prosecute you a second time without violating the double jeopardy clause.

If Ashley Judd was charged with murdering her husband, then acquitted, the prosecutor could not rebring the case and try the case again in hopes of attaining a conviction. The acquittal is final. However, the prosecutor may bring another case with different charges if these charges do not constitute the “same offense.” In evaluating whether the defendant is being retried for the “same offense,” Okalahoma courts utilize the Blockburger test. Offenses are separate under the Blockburger test when each offense includes at least one element that is not included in the other. Many offenses have lesser included offenses. For instance, felony murder is the killing of another during the commission of a felony such as robbery. If a defendant is convicted of felony murder, he cannot be subsequently tried for robbery because felony murder contains all elements of robbery.

However, under the Blockburger test, a second trial may be permitted regarding crimes that happened during the same incident as long as they are not the same offense. For instance, if a defendant was screaming on a residential street in the middle of the night, he could be arrested for disturbing the peace under Oklahoma Statute Title 21, Section 1362. The officers will conduct a search incident to arrest, and if they find cocaine in the defendant’s pockets, the defendant can also be charged with possession of cocaine. The prosecutor may decide to have two separate cases and two separate trials for these two charges even though they both stem from the same incident.

So would Ashley Judd be legally allowed to kill her husband a year later if she has already been convicted of his murder? Ashley Judd would likely not be permitted to do this under the Blockburger test. The circumstances surrounding the faked death would be entirely different from the circumstances surrounding the premeditated murder of her husband. While the offense charged (first degree murder) and victim (her husband) would be the same, the facts surrounding the murder would be different. Thus double jeopardy would not protect Ashley Judd. Rather, she should have sought to overturn her conviction using evidence that her husband framed her, then encouraged the government to prosecute her husband.

Free Consultation With a Tulsa Criminal Lawyer

If you have any questions about Oklahoma double jeopardy  dismissals or other Oklahoma felony or misdemeanor criminal charges call for a free consultation.

Tulsa Oklahoma Double Jeopardy Lawyers

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Tulsa Bankruptcy Attorneys Discuss Debts Forgiven in Bankruptcy

Debts Forgiven in Bankruptcy

While many debts forgiven in bankruptcy are discharged or restructured when you file for Oklahoma  bankruptcy, there are some that you will have to continue to pay in full. This is in addition to any secured debts, debts where you have pledged the asset as security such as a house or a car if you want to keep the asset.

The courts look sternly on child support, both in arrears and going forward and are not debts forgiven in bankruptcy. Family support is looked upon as a top priority and no matter how favorably other debts are settled, you will have to get current and then continue to pay your agreed-upon child support payments.

Another debt that you must pay in full is a debt you’re paying to settle a personal injury or death case caused by your driving while intoxicated conviction. You can not get out of having to pay the victims the amount of any settlement or judgement nor any financing you’ve taken on to pay them.

Another very common form of debt that is not dischargeable in bankruptcy is your student loan. In 2005, banks started to make government guaranteed student loans.  The loan could be made regardless of a student’s credit-worthiness and the government would back them up if the borrower could not repay the loan. In return, student loans would no longer qualify as a dischargeable debt, and would not qualify for bankruptcy protection. You’ll have to pay your student loan in full.

These are only three of many other debts that are non-dischargeable as a result of bankruptcy proceedings. Any debts you incurred in anticipation of filing for bankruptcy,  i.e. within 60 days of filing, for luxury goods and services, or any loans you take out within that time period will not be exempt.

The bottom line is that bankruptcy laws in Oklahoma are designed to help you to manage your debts if you have gotten in over your head in consumer-oriented or business financing. This means that many debts are forgiven in bankruptcy but not all debts. For additional information about bankruptcy and how to stop creditor calls contact Charles Kania at Kania Law and get a free bankruptcy consultation.

Tulsa Bankruptcy Attorneys Discuss Debts Forgiven in Bankruptcy

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Tulsa Injury Attorney Explains Fatal Car Accident

Fatal Car Accident  kills Ashley Biggs , Larry Lawson and Toby Lawson of Oklahoma

 

Larry Lawson and his 10-year old grandson were both killed along with a passenger in the other vehicle, 24-year old Ashley Biggs, when the Lawson vehicle swerved into oncoming traffic striking the Biggs vehicle head on causing a violent, fiery fatal car accident. Ashley’s mother Christina, the driver of the other vehicle is in serious condition.

According to www.newson6.com, the cause of death for the victims in the Lawson vehicle was immediate as both of them had broken necks.

Eyewitnesses said that both vehicles were completely engulfed in flames and were unapproachable. “It was a pretty horrific accident,” Brett Allen said. “I don’t think they stood a chance, honestly.” He added that the fire melted highway reflectors 50 yards away and peeled concrete down to the rebar. “It peeled concrete three 4 inches deep on the bridge,” he said.

Of all types of motor vehicle accidents, head-on collisions are the most violent and often lead to fatalities. With a head on crash, the driver of one vehicle or the other is at fault as most times they drift, swerve or skid into the lane of oncoming traffic and specifically, the other vehicle. There are many factors that can cause one to lose control of his/her vehicle, but nothing can absolve the driver at fault of their negligence that has caused the wrongful death of those in the vehicle they have struck.

If you have been injured or have had loved ones killed due to the negligence of another driver in an automobile accident in Oklahoma, please call us today. We are experienced Oklahoma Automobile Accident Attorneys who will work aggressively to gather and present all of the evidence on your behalf including investigative and police reports, blood alcohol content test reports, employee time clock and cell phone records and all other evidence that can help us to prove your claim.

If you’ve been in a car accident or have suffered the loss of a family member do to a fatal car accident you may have a wrongful death lawsuit that can be brought against the negligent driver or his estate. Call us today and get a free consultation at 918-743-2233

Tulsa Injury Attorney Explains Fatal Car Accident

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Motor Vehicle Accident Tulsa

James Moore Struck and Killed by Police Car in a Motor Vehicle Accident

James Moore, 43, from Tulsa was struck and killed while on foot at around 1:00 a.m. at 61st. and Lewis after he reported had left a local bar. According to Tulsa police, Moore walked out in front of the police car driven by Officer Ryan Melchior, 28, and the officer driving didn’t see him. An investigation has not uncovered any improper action by the officer prior to the collision and the officer was not speeding.

According to city-data.com there were 17 people involved in fatal automobile-pedestrian accidents in 2013, the most recent year that statistics have been published. That figure is up from only 8 in 2012. While the causes of pedestrian accidents vary greatly, the most frequent place where pedestrian accidents occur are in or around intersections. That’s to be expected as that’s where pedestrians most frequently attempt to cross the street and are involved in a motor vehicle accident. Many times a pedestrian will fail to look both ways before attempting to cross and walk directly into oncoming traffic or have their vision blocked by glaring sunlight or an illegally-parked delivery vehicle.

If you or a loved one has been injured or killed as a pedestrian or otherwise involved in a motor vehicle accident by a car, truck or other motor vehicle, you may have a personal injury or wrongful death case against the driver and his/her insurance company for negligence. The driver may have been speeding, failed to stop at a red light or stop sign, driving while intoxicated by drugs or alcohol, driving drowsy, or driving while being distracted by a cell phone. Time is of the essence and we urge you to call us immediately. Official investigations, police reports, employee time records and cell phone statements need to be gathered to help prove your case.

Motor Vehicle Accident Tulsa

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Oklahoma Workers Compensation Lawyers Explain Process

Get The Information You Need From  Oklahoma Workers Compensation Lawyers

Workers in Oklahoma are covered by the Oklahoma Worker’s Compensation Act and are entitled to receive compensation if they are injured on the job. There are several important things you should do in the aftermath of being injured, not only to protect your claim, but also to maximize the benefits you receive. Broken bones, lacerations, and back, neck and head injuries need to be treated immediately and you should seek a local hospital emergency room either by car or by ambulance when you are injured at work not only to insure that you get the best possible medical treatment, but also to document the particulars of the accident such as date, time, and the severity of your injuries. After seeking immediate medical attention, you or a loved one should call an experienced one of our Tulsa Oklahoma Workers Compensation lawyers to guide you through every step of the Oklahoma Worker’s Compensation claims process. You will need to fill out the appropriate forms to notify your employer of your accident, and also the insurance company will want you to make a sworn statement called a deposition. Our firm has the experience and expertise in attending the deposition hearing with you to make sure that anything you say will be completely accurate and presented in your best interest . We’ll make sure that your employer is notified properly and in a timely manner of your work-related injury, that your statement to the insurance adjuster is accurate, and that you are advised as to exactly what to do every step of the way.

What Do I Do Once I’ve Been Injured at Work

When you have been injured in a work-related accident, you should not be talking with the insurance company about your accident without the presence of your Oklahoma worker’s compensation lawyer. You need time accesses your injuries, to heal and eventually to recover. In the days following your work accident an insurance company representative will be giving you a call in order to catch you at a vulnerable time and try to get you to make a statement that they can later use against you to minimize your claim. Don’t be caught off guard by insurance people pretending to be on your side because they represent the insurance company and their job is to reduce the insurance company’s costs. Never give a statement to an insurance representative and certainly do not attempt to negotiate a settlement as they will try to settle your case quickly and at the lowest cost. As expert negotiators their first offer will always be their lowest and not in your favor. When they call simply refer them to your attorney and give them our number to call. Other than that, exercise your right to remain silent. You need an attorney who has the experience in dealing with insurance company representatives and one who has the experience to maximize your benefits.

Contact The Oklahoma Workers Compensation Lawyers at Kania Law Office

While the Oklahoma Worker’s Compensation Act has streamlined much of the actual process of filing a worker’s compensation claim, the claim itself is based on the severity of your injuries and is in every way a negotiated settlement. Don’t sell your injuries short. Many Oklahoma Workers Compensation Lawyers in Tulsa explain that the injuries that you might have will not become apparent for days after the accident. By immediately going to the hospital and then hiring an attorney you demonstrate to the insurance company that you are serious about the severity of your injuries and you will accept not a penny less than what you are legally entitled to under the law. You need time to access the extent of your disability and the ramifications on your future income and your family’s well-being. We are experts in consulting with injured workers and we have experience in negotiating Oklahoma Worker’s Compensation claims just like yours. Call our Tulsa Oklahoma Workers Compensation Lawyers for a free consultation at 918-743-2233

 

Oklahoma Workers Compensation Lawyers Explain Process

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Suing Outside of Workers Compensation Court

Tulsa Workers Compensation Lawyers Discuss Suing Outside of Workers’ Compensation

Tulsa Workers Compensation Lawyers

Workers’ compensation is generally regarded as the sole means of compensation for injured employees.  Although this is generally the rule, there are several exceptions.  Under certain circumstances, you may be able to sue for compensation for the damages sustained due to your injuries outside of workers’ compensation.  These exceptions include the following:

• Those injured by a defective product may be able to bring a products liability action against the manufacturer of the defective product.


• If you were injured due to a toxic substance, you may be able to bring a toxic tort action against the substance’s manufacturer.


• If your employer does not carry workers’ compensation, you may be able to bring an action in civil court.


• If you are injured due to your employer’s extreme negligence or intentional conduct, you may be able to bring a personal injury lawsuit.


• If a third party caused your injury, you can pursue a personal injury suit against this third party.

Oklahoma Workers’ compensation offers monetary benefits for injured workers, but temporary and permanent disability benefits are generally low and do not compensate employees for pain and suffering.  Workers’ compensation also does not allow for punitive damages, even in cases of extreme negligence by the employer that results in dangerous conditions in the workplace.  For these reasons, it is important that all injured employees consult with our Tulsa workers compensation lawyers who will evaluate your full range of legal rights.

Defective Products

When an employee is injured by equipment that is defective, failed to work correctly, or is inherently dangerous, he or she may be able to hold the product manufacturer accountable for the injuries that result.  For instance, if a construction worker is injured by a forklift that did not have adequate safety features, the worker would be able to seek workers’ compensation from the employer, but would also have a possible products liability case against the forklift manufacturer.

Employer Intentional Misconduct or Gross Negligence

If an employer purposefully injures an employee or acts with extreme negligence to injure an employee, the employer may be liable for damages that exceed that which the employee would receive through workers’ compensation.  The employer’s behavior must be deemed so egregious that it is essentially equivalent to intentional harm.  Employees that are permitted to file a suit against their grossly negligent employers can seek greater damages than those provided through workers’ compensation, including pain and suffering and punitive damages.

Third Parties

Sometimes, fault for your injuries does not lie with the employer or the equipment.  Third parties cause many workplace injuries due to negligence.  For instance, if you are injured in a car accident while on the job, you can bring a suit against the at-fault driver seeking coverage for your medical expenses, lost wages, pain and suffering and more.  If your injuries were caused by a third party, consult with a personal injury attorney early on to protect your legal rights.

Kania Law Office: Experienced Tulsa Workers Compensation Lawyers

Sometimes, injured employees will have avenues for recovery outside the workers’ compensation system.  While workers’ compensation provides a means of obtaining quick compensation, other avenues may provide more substantial recovery.  The Tulsa Workers Compensation Lawyers at Kania Law Office will review your injuries and uncover whether you should pursue workers’ compensation or an alternative recovery method.  Our skilled workers’ compensation attorneys will aggressively fight to see that you receive the compensation you deserve, including coverage of medical bills, lost wages, disability, and more.  Call the workers’ compensation attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

Suing Outside of Workers Compensation Court

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Expungement of Criminal Records in Oklahoma

Expungement of Criminal Records in Oklahoma

Oklahoma Expungement Attorneys

A criminal record can hamper your job prospects; prevent you from obtaining housing, or government benefits. Fortunately, our Tulsa Oklahoma expungement attorneys can clean up your criminal record and help prevent your past from ruining your future. Contact us today for more information on how to expunge your criminal record in Oklahoma.

What is The Expungement of Criminal Records in Oklahoma?

An Oklahoma  criminal records expungement results in the sealing of a public record such as a criminal arrest or conviction record. The record will not be destroyed but restricted from the general public’s access. Law enforcement agencies can still access the record to view your prior convictions. Having your criminal arrest and conviction record expunged allows you to truthfully state that you have never been arrested or convicted of a crime on a job or tenant application.

How Do I Qualify For an Expungement of Criminal Records in Oklahoma?

Violent felonies cannot be expunged under Oklahoma State law. Title 22 Section 18 expungement of the Oklahoma State Statues allows you to expunge your entire arrest record as follows:

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

1. The person has been acquitted;


2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction;


3. The factual innocence of the person was established by the use of           deoxyribonucleic acid (DNA) evidence subsequent to conviction;


4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;


5. The person was arrested and no charges of any type, or the prosecuting agency has declined to file charges;


6. The person was under eighteen (18) years of age at the time the offense was committed and received a full pardon for the offense;


7. The person was charged with a nonviolent felony offense, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence;


8. The person was convicted of a misdemeanor offense, the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the end of the last misdemeanor sentence; or


9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person.

 

Title 22 Section 991(c) allows you to expunge a plea if you received a deferred sentence. If granted, the deposition of your case will be updated to reflect the case has been dismissed. Section 991(c) will not expunge the arrest record. A petition must be made under both sections in order to have the arrest and conviction record expunged.

How Does the Expungement of Criminal Records in Oklahoma Process Work?

At our law office, our expungement attorney will first review your arrest record to see if you are eligible to have it expunged. If so, we will file a petition on your behalf in the county in which the arrest took place. A hearing date will be set. Our attorney will provide notice of the hearing to the district attorney, the arresting agency, and the Oklahoma State Bureau of Investigation.  The judge will hear the matter and determine whether your privacy of the arrest outweighs the public interest in keeping the record. The judge can either issue an order to completely seal the record, seal part of the record, or limit access to the record.

In addition to filling a petition for the arrest record to be expunged, our attorney will also file a petition to have your criminal record expunged. The process to expunge your criminal record is the same for expunging an arrest record.

Hire Our Criminal Defense Attorneys to File For an Expungement of Criminal Records in Oklahoma

Our attorneys can help you clean up your arrest and criminal record. Contact us to help you get your affairs in order. We invite you to schedule a consultation. It is best to be represented by an experienced criminal defense attorney when filing to have your record expunged. We can help you.

Expungement of Criminal Records in Oklahoma

http://www.kanialaw.com/tulsa-oklahoma-expungemet-attorneys/expungement-of-criminal-records-in-oklahoma.htm

Tulsa Family Law Attorneys Stepparent Adoption

Tulsa Family Law Attorneys Stepparent Adoption a How To Guide

Tulsa Family Law Attorneys Stepparent Adoption

Stepparent adoption is now the most common type of adoption.  Across the U.S. today, the majority of all families are re-coupled or re-married, meaning that millions of children are raised in the care of their stepparents.  Studies show that about 1,300 new step-families are created each and every day.  Many stepparents will seek to adopt their stepchild following marriage in order to establish a legal link between themselves and their new child.

Stepparent adoptions in Oklahoma are generally far easier to complete than other forms of adoption.  However, there will still be several issues to consider and obstacles to overcome.  All stepparents will have questions at the start of the adoption experience. The following is a look at some common questions asked by prospective stepparent adopters.  For a free consultation with our Tulsa family law attorneys steppparent adoption specialists call Kania Law Office today at 9180743-2233

How do I get started with adopting my stepchild in Oklahoma?

Your adoption journey will begin with consulting with an attorney knowledgeable in the field of adoption law.  Your family law attorney will provide you with an in depth explanation as to the stepparent adoption process and start by filing your petition to adopt.  The petition will contain basic information about you and your stepchild.  It must also include information about each biological parent.  If you have obtained consent by both parents, this written consent should be attached to the petition.

Do I need the absent biological parent to consent to the adoption?

While you will likely have no trouble obtaining the consent of your spouse, the other biological parent might pose a problem.  You will generally need to obtain this parent’s consent to adopt.  However, if that cannot be obtained, you can still proceed with the adoption by seeking to have the absent parent’s rights terminated.

Your Oklahoma stepparent adoption will proceed more smoothly if you can obtain consent.  Occasionally, however, the absent parent cannot even be located.  While this makes the adoption more difficult, it does not render it impossible.

There are several grounds that can be raised to terminate the rights of the absent parent, including abandonment, felony conviction and imprisonment, mental illness or emotional problems, and more.  Your attorney will prove invaluable in walking you through this more complex process of terminating the parental rights of the absent parent so that your adoption can proceed.

How long does it take to complete a stepparent adoption?

Generally, the stepparent adoption process can be completed in around 45 days when consent is provided by both biological parents.  If a termination of parental rights must be completed, the process can take extra time.  Either way, this form of adoption is usually far swifter than adoption agency adoption.

How soon can I adopt my stepchild?

You must be married to the child’s biological parent for at least one year before you can petition for adoption in the state of Oklahoma.

What if my stepchild opposes the adoption?

It can be difficult for children to watch their parent remarry and accept another parent figure into their life.  You should give your stepchild time to adjust to the new situation and try to create an individual bond.  With some love, understanding, and time, your stepchild will likely welcome the adoption.

Kania Law Office: Experienced Tulsa Family Law Attorneys Stepparent Adotion

Adoption is a wonderful option for many Oklahoma stepparents.  The Tulsa Family Law Attorneys stepparent adoption lawyers at Kania Law Office have assisted stepparents across Oklahoma in adopting their loved stepchildren.  We will analyze your individual situation in order to walk you through the stepparent adoption process in a stress free and timely manner.  With the assistance of our family law attorneys, you can have that permanent legal bond with your stepchild that you so desire.  Call the family law attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

 

Tulsa Family Law Attorneys Stepparent Adoption

http://www.kanialaw.com/tulsa-adoption-attorneys/tulsa-family-law-attorneys-stepparent-adoption.htm

Tulsa Family Law Attorneys Stepparent Adoption

Tulsa Family Law Attorneys Stepparent Adoption a How To Guide

Tulsa Family Law Attorneys Stepparent Adoption

Stepparent adoption is now the most common type of adoption.  Across the U.S. today, the majority of all families are re-coupled or re-married, meaning that millions of children are raised in the care of their stepparents.  Studies show that about 1,300 new step-families are created each and every day.  Many stepparents will seek to adopt their stepchild following marriage in order to establish a legal link between themselves and their new child.

Stepparent adoptions in Oklahoma are generally far easier to complete than other forms of adoption.  However, there will still be several issues to consider and obstacles to overcome.  All stepparents will have questions at the start of the adoption experience. The following is a look at some common questions asked by prospective stepparent adopters.  For a free consultation with our Tulsa family law attorneys steppparent adoption specialists call Kania Law Office today at 9180743-2233

How do I get started with adopting my stepchild in Oklahoma?

Your adoption journey will begin with consulting with an attorney knowledgeable in the field of adoption law.  Your family law attorney will provide you with an in depth explanation as to the stepparent adoption process and start by filing your petition to adopt.  The petition will contain basic information about you and your stepchild.  It must also include information about each biological parent.  If you have obtained consent by both parents, this written consent should be attached to the petition.

Do I need the absent biological parent to consent to the adoption?

While you will likely have no trouble obtaining the consent of your spouse, the other biological parent might pose a problem.  You will generally need to obtain this parent’s consent to adopt.  However, if that cannot be obtained, you can still proceed with the adoption by seeking to have the absent parent’s rights terminated.

Your Oklahoma stepparent adoption will proceed more smoothly if you can obtain consent.  Occasionally, however, the absent parent cannot even be located.  While this makes the adoption more difficult, it does not render it impossible.

There are several grounds that can be raised to terminate the rights of the absent parent, including abandonment, felony conviction and imprisonment, mental illness or emotional problems, and more.  Your attorney will prove invaluable in walking you through this more complex process of terminating the parental rights of the absent parent so that your adoption can proceed.

How long does it take to complete a stepparent adoption?

Generally, the stepparent adoption process can be completed in around 45 days when consent is provided by both biological parents.  If a termination of parental rights must be completed, the process can take extra time.  Either way, this form of adoption is usually far swifter than adoption agency adoption.

How soon can I adopt my stepchild?

You must be married to the child’s biological parent for at least one year before you can petition for adoption in the state of Oklahoma.

What if my stepchild opposes the adoption?

It can be difficult for children to watch their parent remarry and accept another parent figure into their life.  You should give your stepchild time to adjust to the new situation and try to create an individual bond.  With some love, understanding, and time, your stepchild will likely welcome the adoption.

Kania Law Office: Experienced Tulsa Family Law Attorneys Stepparent Adotion

Adoption is a wonderful option for many Oklahoma stepparents.  The Tulsa Family Law Attorneys stepparent adoption lawyers at Kania Law Office have assisted stepparents across Oklahoma in adopting their loved stepchildren.  We will analyze your individual situation in order to walk you through the stepparent adoption process in a stress free and timely manner.  With the assistance of our family law attorneys, you can have that permanent legal bond with your stepchild that you so desire.  Call the family law attorneys at Kania Law Office today at 918-743-2233 to schedule your free consultation.

 

Tulsa Family Law Attorneys Stepparent Adoption

http://www.kanialaw.com/tulsa-adoption-attorneys/tulsa-family-law-attorneys-stepparent-adoption.htm

Spinal Cord Personal Injury Attorneys Tulsa

Oklahoma Spinal Cord Personal Injury Attorneys Tulsa

Are you suffering from a spinal cord injury? Let our Oklahoma spinal cord personal injury attorneys Tulsa help you. A spinal cord injury can result in partial or complete paralysis. Contact us if you or a loved one was suffered a spinal cord injury due to the negligence of another. We can help you obtain the compensation you need to cover your medical bills, pain and suffering, and emotional distress. Contact us today to schedule a consultation. Read on to learn more about spinal cord injuries and how our Tulsa Oklahoma personal injury attorneys can help you.

Common Spinal Cord Injuries

At our law office, we provide legal representation for the following types of spinal cord injuries:

• Complete Spinal Cord Injury

A complete spinal cord injury occurs when a person is no longer able to feel or move below the level of their injury. Here are two common types of complete spinal cord injuries:

•  Complete Paraplegia

Complete paraplegia occurs when a person’s body is unable to send sensory or motor nerve impulses to the muscle group and body functions that are controlled by nerves leaving the spinal column at T1 level or below.

• Complete Tetraplegia

Complete tetraplegia is more debilitating than paraplegia because the arms are paralyzed as well. Individuals are paralyzed from the neck down.

• Incomplete Spinal Cord Injury

An incomplete spinal cord injury diagnosis means a person is still able to move and sense function below the injury level.

• Anterior Cord Syndrome

Anterior Cord Syndrome occurs when blood flow is reduced or interrupted in the artery along the interior portion of the spinal cord. As a result of the impaired blood flow, a person may experience loss of muscle strength below the level of injury.

• Central Cord Syndrome

Central Cord Syndrome results from the brain’s inability to completely send and receive signals to and from parts of the body below the site of the injury. Damage to large nerve fibers that carry information directly from the cerebral cortex to the spinal cord causes the injury.

• Brown Sequard Syndrome

Brown Sequard Syndrome is an incomplete spinal cord injury. Individuals with this condition suffer from neuron paralysis and loss of proprioception.

Most spinal cord injuries result from traffic crashes, falls, alcohol abuse, physical violence, sports and recreation activities, and genetic diseases such as osteoporosis.

Spinal Cord Injury Liability in Oklahoma

In order to file a personal injury claim for negligence against a person who caused your spinal cord injury, the following elements must be proved: 1. The defendant owed you a duty of care; 2. The defendant breached the duty of care; 3. The defendant is the actual and proximate cause of your injury; and 4. You incurred an injury as a result of the defendant’s negligence.

If the court finds the defendant negligent, you will be able to obtain a judgment for compensatory and/or punitive damages.

Contact Our Oklahoma Spinal Cord Personal Injury Attorneys Tulsa

You have a short period of time to file your personal injury claim. If you delay in filing your claim, the court may bar the action due to the statute of limitations. We invite you to contact our Oklahoma spinal cord personal injury attorneys Tulsa for a consultation. If you or a loved one has suffered a spinal cord injury, take legal action to get the compensation you deserve. With our network of trained professionals, such as medical experts, and personal injury investigators, we can help you gather the evidence you need to prove your claim. Our personal injury attorneys can review your case and provide you with legal guidance on how to best proceed.

Spinal Cord Personal Injury Attorneys Tulsa

http://www.kanialaw.com/tulsa-personal-injury-lawyers-2/spinal-cord-personal-injury-attorneys-tulsa.htm

Uninsured Motorist Attorneys

Oklahoma Uninsured and Underinsured Motorist Attorneys

Tulsa Injury Lawyers

Oklahoma State law requires all drivers to have automobile liability coverage. However, though automobile liability coverage is mandatory, Oklahoma has the highest percentage of uninsured motorists. In 2012, over 25.9% of drivers were uninsured. This statistic is alarming for any driver involved in an accident with an uninsured or underinsured motorist.

If you or a loved one has been involved in a car accident with an uninsured or underinsured motorist, contact our Tulsa Oklahoma Uninsured Motorist Attorneys for a free consultation. We can help you obtain compensation for the bodily injury you incurred as a result of the car accident caused by another driver. Our Car and Motorcycle attorneys are skilled in negotiating with automobile insurance companies. Our Uninsured motorist attorneys in Tulsa will never settle a claim without ensuring our clients receive the compensation they deserve. Read on to learn more about uninsured and underinsured insurance coverage and how our uninsured motorist attorneys can provide you with legal advice on how to obtain compensation for your car accident injury.

Oklahoma Uninsured and Underinsured Motorist Law Overview

Uninsured and underinsured motorist coverage compensates drivers for bodily injury arising from a car accident. The driver must not be at-fault in causing the accident in order to obtain compensation when filing a claim.

Uninsured motorist coverage pays the driver and occupants of their car for personal bodily injuries caused by an uninsured motorist. It solely covers bodily injury and does not provide compensation for property damage (collision coverage applies to property damage). Your policy must include uninsured motorist insurance coverage in order for you to file a claim.

Example: The right passenger side of your car is hit by a drunk driver who immediately drives away from the scene of the accident. You are unable to get his license plate number or a good description of the vehicle. The situation is a classic hit-and-run. Pursuant to Oklahoma State traffic law, the driver is at-fault for the car accident. You incur bodily injury as a result of the car accident. Fortunately, you have uninsured motorist insurance coverage and you file a claim. Since the drunk driver was at-fault for the accident, you insurance company compensates you for your medical expenses up to your policy limit.

Underinsured insurance coverage is used to compensate drivers when the at-fault driver’s liability coverage is too low to cover their medical expenses. If the at-fault driver has insurance, his/her carrier will pay for your bodily injury medical expenses up to the policy limit. If the compensation does not fully cover your medical expenses, you can file an underinsured motorist claim with your insurance carrier for the excess amount up to your policy limit. You must have underinsured insurance coverage in order to file a claim.

Example: A negligent driver made an illegal left hand turn at a red light and slams into your car. You suffer a broken arm and bruises as a result of the accident. The at-fault driver provides you with his insurance information and you file a claim. Your medical bill is $15,000. The driver’s insurance limit to cover bodily injury is $10,000. Since you have underinsured motorist coverage, you file a claim for the excess amount of $5,000.

Hire Our Oklahoma Uninsured and Underinsured Motorist Attorneys

Our Oklahoma uninsured motorist attorneys can provide you with legal advice and guidance on how to obtain legal relief for your bodily injury and property damage caused by a car accident. In the event insurance coverage will not cover the full extent of your damages, a civil lawsuit can be filed on your behalf to possibly obtain a judgment for damages. We invite you to contact us for a consultation at 919-743-2233.

 

Uninsured Motorist Attorneys

http://www.kanialaw.com/tulsa-personal-injury-lawyers-2/uninsured-motorist-attorneys.htm

Protective Order Defense Attorney

Oklahoma Protective Order Defense Attorney

Oklahoma Protective Order Defense Attorneys

Have you been served with a protective order? Contact our Oklahoma protective order defense attorney for a consultation. Our protective order defense attorney can review your case and help you develop the best defense possible to rebut any claims of domestic violence.  Do not ignore the court summons for the protective order hearing. If you do not attend the hearing, a default judgment will be entered against you granting the order. The worst thing you can do is violate a protective order you failed to contest.  Contact us for legal assistance with protective orders in Tulsa, Oklahoma.

What is a Protective Order?

Under Oklahoma State law, a protective order can be issued against a person when a petitioner demonstrates a reasonable fear of physical harm. A protective order, also known as a restraining order, provides for no physical contact between the petitioner and alleged abuser. It requires the restrained subject to maintain a certain distance from the petitioner and forbids contacting the petitioner through phone calls, texting, or emails.

There are two types of protective orders that may be issued: temporary and permanent. A temporary restraining order is filed in District Court and is usually filed without the alleged abuser’s knowledge. A temporary protection order is typically filed ex parte and protects the petitioner for a 20 day period, usually until the hearing is heard for a permanent order. A permanent protection order hearing is held to let the alleged abuser protest any claims the petitioner asserts. At the hearing the petitioner will have to prove that the alleged abuser committed acts of domestic abuse against him/her. If granted, the order can last for a period of 3 years.

Some victims allege domestic abuse is occurring in order to obtain an order to get an upper hand in a divorce proceeding. It is imperative that you contact an attorney if you are served with a protective order. A defense attorney can rebut the alleged victim’s claims. If an order is granted, and a violation occurs, you can face criminal penalties, fines, and possibly serve a jail sentence.

Legal Consequences of Violating Protect Orders

If a protective order is violated, the violating party can be arrested and charged accordingly. Unfortunately, some people abuse the applicability of a protection order. For example, it has been known for spouses to falsely claim domestic violence. If you violate a civil protective order, you will be subject to contempt of court. You will be charged with a Class 2 Misdemeanor and if convicted, serve up to 3 to 12 months in jail and pay a fine of $250 – $1,000.  If you violate a criminal protective order, you can be charged with a Class 1 Misdemeanor, subjected to serving 6 – 24 months in jail, and pay a possible fine of $500 to $5,000.

Possible Defenses

A protective order defense attorney can call witnesses to testify on your behalf to rebut the petitioner’s claims. Testimony can be used to discredit the petitioner’s claim that he/she was in fear of physical abuse, or experienced domestic abuse by the alleged abuser.  Depending on the nature of the case, an experienced protective order defense attorney may choose to file a reciprocating order against the petitioner to prevent abuse. This protects the alleged abuser from any possible entrapment measures the petitioner may later make.

Hire Our Oklahoma Protective Order Defense Attorney

Our protective order defense attorney can help you defend against a protective order filed in Oklahoma.  Contact us for a free consultation. We are here to make sure a protective order is not granted against you. Violating a protective order can subject you to criminal liability and jeopardize your career and child custody prospects.

 

Protective Order Defense Attorney

http://www.kanialaw.com/tulsa-criminal-attorneys/protective-order-defense-attorney.htm

Expungement of Criminal Records Oklahoma

Expungement Criminal Records Oklahoma

A criminal record can hamper your job prospects; prevent you from obtaining housing, or government benefits. Fortunately, our Oklahoma expungement attorneys can clean up your criminal record and help prevent your past from ruining your future. Contact us today for more information on how to expunge your criminal record in Oklahoma.

What is an Oklahoma Criminal Record Expungement?

An expungement results in the sealing of a public record such as a criminal arrest or conviction record. The record will not be destroyed but restricted from the general public’s access. Law enforcement agencies can still access the record to view your prior convictions. Having your criminal arrest and conviction record expunged allows you to truthfully state that you have never been arrested or convicted of a crime on a job or tenant application.

How Do I Qualify?

Violent felonies cannot be expunged under Oklahoma State law. Title 22 Section 18 expungement of the Oklahoma State Statues allows you to expunge your entire arrest record as follows:

Persons authorized to file a motion for expungement, as provided herein, must be within one of the following categories:

1. The person has been acquitted;


2. The conviction was reversed with instructions to dismiss by an appellate court of competent jurisdiction;


3. The factual innocence of the person was established by the use of           deoxyribonucleic acid (DNA) evidence subsequent to conviction;


4. The person has received a full pardon on the basis of a written finding by the Governor of actual innocence for the crime for which the claimant was sentenced;


5. The person was arrested and no charges of any type, or the prosecuting agency has declined to file charges;


6. The person was under eighteen (18) years of age at the time the offense was committed and received a full pardon for the offense;


7. The person was charged with a nonviolent felony offense, as set forth in Section 571 of Title 57 of the Oklahoma Statutes, the charge was dismissed following the successful completion of a deferred judgment or delayed sentence;


8. The person was convicted of a misdemeanor offense, the person has not been convicted of a felony, no felony or misdemeanor charges are pending against the person, and at least ten (10) years have passed since the end of the last misdemeanor sentence; or


9. The person has been charged or arrested or is the subject of an arrest warrant for a crime that was committed by another person.

 

Title 22 Section 991(c) allows you to expunge a plea if you received a deferred sentence. If granted, the deposition of your case will be updated to reflect the case has been dismissed. Section 991(c) will not expunge the arrest record. A petition must be made under both sections in order to have the arrest and conviction record expunged.

How Does the Expungement Process Work?

At our law office, our expungement attorney will first review your arrest record to see if you are eligible to have it expunged. If so, we will file a petition on your behalf in the county in which the arrest took place. A hearing date will be set. Our attorney will provide notice of the hearing to the district attorney, the arresting agency, and the Oklahoma State Bureau of Investigation.  The judge will hear the matter and determine whether your privacy of the arrest outweighs the public interest in keeping the record. The judge can either issue an order to completely seal the record, seal part of the record, or limit access to the record.

In addition to filling a petition for the arrest record to be expunged, our attorney will also file a petition to have your criminal record expunged. The process to expunge your criminal record is the same for expunging an arrest record.

Hire Our Oklahoma Criminal Record Expungement Attorney

Our attorneys can help you clean up your arrest and criminal record. Contact us to help you get your affairs in order. We invite you to schedule a consultation. It is best to be represented by an experienced attorney when filing to have your record expunged. We can help you.

Expungement of Criminal Records Oklahoma

http://www.kanialaw.com/tulsa-oklahoma-expungemet-attorneys/expungement-of-criminal-rerecords-oklahoma-attorneys.htm

Tulsa Family Attorneys

Tulsa Family  Attorneys Discuss the Top 10 Reasons Marriages End in Divorce

Divorce in Oklahoma has become sadly commonplace.  A divorce occurs somewhere across the country approximately every 13 seconds.  This equates to over 6,500 divorces each day and 46,000 every week.  Over 50% of all first marriages will end in divorce, and the divorce rate climbs to 65% for all second marriages.  Those between the ages of 25 and 39 are most likely to obtain a divorce and the average age at first divorce is just 30 years old. For a free consultation about Oklahoma divorce call our Tulsa family attorneys today.

As a look at these statistics demonstrates, nearly everyone has been affected by divorce, whether it was their own or that of a family member or friend.  To this end, we offer the following list of the top 10 reasons why marriages end in divorce in an attempt to help enlighten the causes of divorce.

1. Finances: Money is generally cited as the number one cause of divorce in America.  It is not money itself that causes couples to divorce; rather, it is the lack of compatibility in the financial arena that leads to divorce.  Constant disagreements over spending, a lack of adequate funds, and dissention over investments are all common topics that lead to arguments in the marriage and possibly divorce.


2. Lack of communication: Any successful relationship requires the sharing of thoughts, feelings, and opinions.  It also requires engage and active listening.  Couples who divorce often lack vital communication skills.  Unable to communicate effectively, spouses cannot solve their marital problems and divorce may be the outcome when these problems continue to fester.


3. Not enough commitment: Couples will often point to a lack of commitment to the relationship as a reason for divorce.  Marriages take work and nurturing to succeed, which spouses may forget as the years pass.


4. Unmet expectations: Both spouses enter into a marriage with sex expectations.  When these expectations are not met, strain can occur in the relationship.  It can be helpful to discuss expectations before marriage in order to avoid this pitfall.


5. Child rearing disagreements: Adding children to the marriage can put stress and strain on a relationship.  Arguments over parenting responsibilities and decisions can lead to serious marital problems.


6. Religious and cultural issues: Religious beliefs and cultural values can lead to conflicts, especially when these beliefs impact a spouse’s lifestyle or parenting choices.


7. Infidelity: When a spouse steps outside of the boundaries and violates rules that were mutually agreed upon or cheats on the other spouse, this will often lead to divorce.  Infidelity can be extremely painful for those who experience it and will often signify the end of the marriage.


8. Boredom: After several years together, couples sometimes become bored with one another or their mutual lifestyle.  Divorcing spouses sometimes report feeling stuck in a rut.  To avoid marriage boredom, couples should engage in new activities and experiences together.


9. Emotional, physical, or psychological abuse: Abuse can come in many varieties.  It can consist of controlling behavior, ignoring, name calling, or criticizing, along with physical forms of abuse. Anyone in an abusive relationship should seek professional assistance immediately.

Kania Law Office: Tulsa Family Attorneys

            The Tulsa Family Attorneys at Kania Law Office have assisted countless individuals in obtaining a divorce in Tulsa and all of Oklahoma.  Our divorce and Tulsa family attorneys are compassionate, knowledgeable, and dedicated to client satisfaction.  We will assist you through the difficult divorce process, attempting to complete your divorce in as simple and civil a manner as possible.  We will always have your best interests in mind and aggressively fight for your rights when disagreement arises.  Contact us today to schedule a free consultation with one of our exemplary divorce attorneys at Kania Law Office.

 

Tulsa Family Attorneys

http://www.kanialaw.com/tulsa-lawyers-2/tulsa-family-attorneys.htm

Oklahoma Estate Planning Attorneys

Frequently Asked Questions About Oklahoma Estate Planning

Kania Law Office: Assisting With All of Your Oklahoma Estate Planning Needs

            It can be daunting to embark on the complex journey of preparing for your ultimate death or serious disability.  At Kania Law Office, we believe any complete estate plan must be created with a complete understanding of the client.  Knowledgeable clients are better able to assist us in creating their ideal estate plan.  In furtherance of this, the following is a look at some frequently asked questions concerning estate planning:

What is Oklahoma Estate Planning?

            Oklahoma Estate planning is the process of preparing for your death or possible mental incapacity.  Estate planning generally focuses on protecting your assets, ensuring those you desire receive them, and defining your medical directives.  Estate planning has far greater meaning, however, than just death or disability.  Estate planning in Oklahoma involves the protection of your legacy.  You work your whole life to provide and care for your family.  All of these efforts could be for not if you fail to prepare for the eventuality of your death.  Using a wide array of estate planning tools, you can protect your assets for future generations, sparing your loved ones the expense and delays of probate or the state law mandates for distribution.

Do I Really Need an Estate Plan?

            Oftentimes, younger individuals will enter our office and ask if they really need an estate plan.  The answer is unequivocally yes.  Everyone needs some sort of estate plan, even if their assets are minimal.  Everyone has wishes and concerns that should be set forth in a legal document so that they are honored after their death.  Nearly everyone has preferences as to where their assets go upon their death.

If you die without an estate plan, your assets will by default be distributed in accordance with Oklahoma’s intestacy laws.  This offers you no control or input into who receives what you worked so hard to achieve.  Not having a will can also lengthen the probate process, leaving your family without needed funds for several months.  Probate expenses may greatly diminish your inheritance.

Aside from the financial matters, a will is vital for any parent of minor children.  In your will, you can nominate a guardian to care for your children in the event both you and your spouse die before your children attain the age of majority.  If you and your spouse die without ever creating this directive, the court will be entirely vested with the authority to select a guardian to raise your children.  This is one of the most important decisions you may ever make, and not one you want to leave to a third party.

Do I Need an Oklahoma Estate Planning Attorney?

            It is always recommended that you retain the assistance of an experienced estate planning attorney.  Estate planning is a complex area of law and even minor mistakes in the creation of a will or trust can invalidate the entire document.  Do not risk your assets or legacy; seek the assistance of a licensed estate planning attorney today.

Kania Law Office: Tulsa Oklahoma Estate Planning Attorneys

Starting the process of creating an estate plan is nearly always difficult as few wish to discuss the topic of their death.  Having a proper estate plan in place, however, can protect your legacy and your heirs.  The Tulsa, Oklahoma Estate Planning Attorneys at Kania Law Office have assisted countless individuals across the state in developing a comprehensive estate plan that suits their needs.  Our skilled attorneys will assess your desires and your asset portfolio to advise you as to the best estate planning options.  Contact Kania Law Office today for a free consultation.

Oklahoma Estate Planning Attorneys

http://www.kanialaw.com/tulsa-lawyers-2/oklahoma-estate-planning-attorneys.htm