Legal Question in Criminal Law in Oklahoma

spousal abuse

i called police to residence due to female spouse harming me (MINOR INJURIES), when i called,she was fine but ran off,i showed minor injuries to officer,signed paper,but stated i had no intention of charging her,just knew to cover my tail.but she appeares at relatives ,calls police 30minutes later with scratches on forehead magically that she claimed i did? i spoke to detective assigned to case over phone, got polygraph setup for next week, my idea,but this occured once before in 16yrs with her,she later apologized,told officers shes not following threw,was just upset,should i do poly which i promised detective next week, or just leave like she did,hope all blows over?


Asked on 6/16/09, 9:47 pm

1 Answer from Attorneys
Rob Henson Henson Law Firm, PLLC

Re: spousal abuse

Only you can make the final decision about a polygraph, but whatever the results, they are inadmissible in court. This means even if the polygraph results are favorable to you, they cannot be admitted into court as evidence. However, if the results are favorable to you, the police may decide to end the investigation against you. However, you should know I usually advise my clients to not submit to a polygraph examination.

The next issue is whether or not your wife plans to follow through with her complaint against you. If she fails to appear as a witness against you, the case will be dismissed. If she decides to appear against you and the matter is set for a jury trial, based on the facts you disclosed, I believe you have a strong defense against the charges.

If domestic violence charges are filed against you in Oklahoma, I recommend you consult with an attorney, because a conviction will have severe ramifications to your future employment prospects and should you ever have any other criminal charges, a domestic violence conviction can be used to enhance what would be a misdemeanor charge into a felony.

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Answered on 6/17/09, 8:53 pm


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