In Oklahoma, no person may be convicted of domestic abuse in the presence of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:Domestic Assault and Battery in the presence of a minor | Berlin Defense

  • First, willful;
  • Second, unlawful;
  • Third, attempting or offering to use force or violence; and
  • Fourth, the use of force or violence;
  • Fifth, was against the person of a [Specify Applicable Relationship in 21 O.S. Supp. 2011, § 644(C)].
  • Sixth, was committed in the presence of a child.”

The same above jury instruction provides a note that says, “A child is any child whether or not related to the victim or the defendant. In the presence of a child means in the child's physical presence or the defendant knows a child is present and may see or hear an act of domestic violence.

Although the laws may seem easy to understand, they are not. Many variables come into play when you are charged with Domestic Assault and Battery in the Presence of a Minor. You need a defense attorney that understands the laws and one who is devoted to you and your case.

Lee Berlin
Dedicated to defending clients accused of domestic violence, sex & violent crimes throughout eastern Oklahoma.