Tulsa Attorney Blog
Navigating Domestic Violence Cases: Essential Steps To Take
Are you in a domestic violence situation and unsure of how to navigate the legal system? Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, is here to help. Domestic violence cases can be complex, especially when it comes to criminal charges or custody battles. It's crucial to understand the rules and protections available to you, such as protective orders. One key piece of advice from Carl: do not contact the abuser, as it can harm your case and put you in further danger. If you need guidance on how to protect yourself and your loved ones, don't hesitate to reach out for help. Read more »Understanding Your Rights: How To Secure Grandparent Visitation
Are you a grandparent who wants to try to get some time to have visitation with your grandchildren? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to talk with you a little bit about what is required to be able to establish grandparental visitation rights. We've been getting a lot of these calls lately, and it's something where, unfortunately, grandparents, parents, and grandchildren, there's not always harmony in that circle. Sometimes there's some bad blood between the parents and the grandparents. Sometimes there's just a little bit of confusion, and hurt feelings, whatever the case may be. But what it ultimately boils down to is grandparents are not being allowed to visit with their grandchildren the way that they feel that they should or the way that is best for their grandchildren. So what do you need to establish a grandparental visitation case? You need to show that, one, there's an ongoing and positive relationship between you and the grandchildren. It needs to be consistent, and systemic over a long period. You guys had a positive and loving relationship between grandparents and grandchildren. The second is you have to show that the parents are acting against the kid's best interest by denying that contact, that visitation between grandparent and grandchild. You have to show there's a presumption that the parents are acting in the kid's best interest, but it's a rebuttable presumption. You have to show by a preponderance of the evidence that the parents are not actually acting in the kid's best interest. The last thing you have to show is that the intact nuclear family is no longer a thing. Mom and Dad were never married. Mom and Dad were married but are now divorced. Mom and Dad were dating but split. Mom and Dad are, one of them is deceased or one of them is incarcerated. Or, in certain instances, it could be showing that there was an ongoing custodial relationship between the children and the grandparents, even if there was no order in place to that effect. Off the top of my head, if the grandparents lived with the kid for a little bit or something like that. It's not an easy process to establish grandparental visitation rights, but it is absolutely worth it. And it's absolutely the kids who benefit from these types of situations when we can reestablish that relationship between grandparent and grandchild. If you have any questions about this or you or someone you know think that you might need to speak with an attorney about these issues, please give me a call. My name is Carl Birkhead. I'm at Wirth Law Office. You can find me at MakeLawEasy.com. Thank you. Read more »Courtroom Best Practices: Silence Your Phones
Are you going to court and not sure how to handle yourself? Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, is here to help make law easy. In this excerpt, Carl shares some valuable advice on how to behave in court, emphasizing the importance of respect for the court, the judge, and other parties involved. He recounts a recent incident where a man's behavior led to him almost being arrested for contempt of court. Carl stresses the significance of being respectful and courteous in the courtroom, as it can greatly impact the outcome of your hearing. Reach out to Carl at MakeLawEasy.com for more guidance on navigating the legal system. Read more »Dos and Don'ts for Handling Protective Order Cases
Are you or someone you know the defendant in a protective order and wondering what to do in this situation? Carl Birkhead, an attorney in Tulsa, Oklahoma, shares his expert advice on navigating protective order cases. It's crucial to understand the do's and don'ts, especially when it comes to violating the protective order. Even seemingly innocent actions can have serious consequences. Carl emphasizes the importance of seeking legal guidance to protect yourself and avoid potential criminal liability. Don't risk making a costly mistake – reach out to a knowledgeable attorney like Carl Birkhead for help. Visit MakeLawEasy.com to learn more. Read more »What Is Discovery in Divorce and Custody Cases?
Discovery is a crucial part of the legal process, especially in family law cases like divorce and custody battles. As an attorney in Tulsa, Oklahoma, I understand the importance of gathering evidence to build a strong case. There are three main types of discovery: interrogatories, request for production, and request for admission. Interrogatories are open-ended questions that require thoughtful responses. Request for production demands the turning over of documents. Request for admission requires admitting or denying specific statements. These tools help attorneys gather information and strengthen their clients' cases. Understanding the discovery process can make navigating the legal system easier. If you have questions, don't hesitate to reach out. Read more »Probate Explained: What You Need to Know
Losing a loved one is never easy, and navigating the legal process that comes after can be overwhelming. As a representative of Wirth Law Firm, I understand the difficulties that arise when trying to handle your loved one's affairs. From dealing with personal belongings to dividing assets, the process can be confusing and emotional. Whether your loved one had a will or not, probate is essential to ensure their wishes are carried out correctly. Let me help you make this process easier for you during this heartbreaking time. Reach out to me at MakeLawEasy.com, and together we can ensure your loved one's affairs are handled with care and respect. Read more »Tips for Successful Court Appearances
Are you going to court for the first time and feeling unsure of what to do? As an attorney with Wirth Law firm in Tulsa, Oklahoma, I want to help make law easy for you. Whether it's a traffic ticket, divorce, custody case, or criminal matter, here are some basic tips for your court appearance. First, dress appropriately - think office attire, not casual wear. Second, never argue with the judge. Let your attorney speak on your behalf or keep your responses short and to the point. Remember, it's okay to be nervous, but always act respectfully and follow your attorney's lead. Visit MakeLawEasy.com for more information. Thank you. Read more »Steps to Take If Your Child Is Taken Out of State
When the co-parent of your child has fled the state with them, it can be a terrifying and helpless situation. Carl Birkhead, from Wirth Law Firm, recently dealt with a case where a parent absconded with a child who was primarily placed with the other parent. With DHS involvement and erratic behavior from the parent, an emergency situation arose. Through legal legwork, including obtaining a writ of assistance and working with local law enforcement, the child was safely returned to the client's care within three days. If you find yourself in a similar situation, don't hesitate to reach out for help. Carl Birkhead is here to make law easy for you. Read more »Deprivation Case: DHS or Child Welfare Child Removal
Navigating a juvenile deprived case can be incredibly overwhelming, especially when your children have been removed by Child Welfare Services. As an attorney at Wirth Law Firm, I understand the complexities of the legal process and am here to guide you through every step. From the initial show cause hearing to the possibility of a petition to terminate your parental rights, I can help you understand your rights and options. It's crucial to have a knowledgeable advocate on your side during this challenging time. Don't face this alone - reach out to me, Carl Birkhead, for support and legal guidance. Your children's future is worth fighting for. Read more »Navigating Custody Decisions: Sole vs. Joint Custody
Navigating the complexities of custody arrangements can be overwhelming for parents. As an attorney specializing in family law, I understand the differences between sole custody and joint custody. Sole custody grants one parent the majority of time with the child, while joint custody allows for shared decision-making regarding important aspects of the child's life. Whether it's joint legal or joint physical custody, there are various options to consider when creating a parenting plan that works for both parties. Every situation is unique, and I'm here to help guide you through the process. If you have questions or need assistance with a custody case, don't hesitate to reach out. Read more »NEW LAW Fixes Major Problem with Oklahoma Family Law Courts (HB 2478).
A new law in Oklahoma is set to fix a major problem in family law courts. Attorney James Wirth reports on HB 2478, which will go into effect on November 1st, 2024. This law aims to address delays in the family court process, particularly in Tulsa County, by ensuring timely hearings for temporary orders. The law mandates that parties are entitled to a substantive hearing within 30 days of filing for temporary orders, with a quicker timeline of 10 days for cases involving domestic abuse. This change is crucial in ensuring that families receive timely and fair resolutions in custody and visitation matters. Read more »NewsOn6: Paternity Actions Explained by James M. Wirth, Esq.
The Tankersley family has been fighting for years to get a birth certificate for their nine-year-old niece in Checotah. Without one, she faces a future full of obstacles, unable to get a job or a driver's license. The family has tried every legal avenue possible, but each one leads to a dead end. However, they refuse to give up the fight. With the help of the Department of Human Services and their determination, they hope to establish paternity through DNA testing as a last resort. Family lawyer James Wirth advises parents in similar situations to file a paternity action to legally establish parentage and obtain a birth certificate. Read more »What if Your Ex Uses False Allegations of Child Abuse to Get a Protective Order and Custody?
Experiencing false allegations of child abuse from your ex can be a devastating and stressful situation, especially when it's used as a tactic to gain a protective order or custody. Charles Attorney James Worth sheds light on the consequences for the other parent in family law court. Winning your case and proving the allegations false should be the primary focus, but there are potential punitive measures such as attorney's fees and perjury charges. It's crucial to gather evidence and seek legal advice early on to navigate through this complex and sensitive situation. Don't hesitate to reach out to an attorney for guidance and support. Read more »What is a Faretta Hearing in Oklahoma Criminal Courts?
In Oklahoma criminal courts, a FARETA hearing is a crucial step in determining whether a defendant has the right to represent themselves in court. Solicitor General James Wirth explains that this right stems from a 1975 United States Supreme Court case, FARETA v. California. The key factors in a FARETA hearing are voluntary and intelligent decision-making by the defendant, regardless of their understanding of legal rules. While the constitutional right to self-representation exists, seeking legal counsel is always the recommended course of action. Understanding the implications and risks involved in representing oneself is essential in making an informed decision in a FARETA hearing. Read more »Starting November 1, 2024, You Have the Right to a Temporary Order Hearing within Thirty (30) Days!
Starting November of 2024, a new law in Oklahoma will ensure that individuals involved in custody and visitation cases have timely access to temporary order hearings. Tulsa Attorney James Wirth explains that the law, set to go into effect on November 1st, addresses the issue of delays in obtaining temporary order hearings in family law cases. Under the new statute, individuals filing for temporary orders in dissolution of marriage or paternity cases must have a hearing scheduled within 30 days, or 10 days in cases involving domestic violence or abuse. This change aims to expedite the legal process and provide additional due process rights to parties involved in family law disputes. If you're navigating the Oklahoma family law system, seeking legal advice from an attorney like James Wirth may be beneficial in understanding how this new law impacts your case. Read more »Do You have to "Possess the Legal Knowledge Necessary" in Order to Represent Yourself in Court?
We are here to help you navigate through the complexities of the legal system and ensure that your rights are protected. Don't go through this alone, let us help you fight for the best possible outcome in your case. Contact us today for a free consultation. Remember, knowledge is power, and having the right attorney by your side can make all the difference. Don't hesitate, reach out to us now and let us guide you through the legal process with confidence and peace of mind. Your future is worth fighting for, and we are here to fight for you. Read more »OCCA Abandons Chapman Precedent for Plain Error Analysis on Unpreserved Constitutional Errors.
The Oklahoma Court of Criminal Appeals has made a significant shift in the burden of proof for unpreserved constitutional claims, favoring the state over defendants. In the case of Dominic Washington v. State of Oklahoma, the court abandoned the Chapman precedent, which had previously placed the burden on the state to prove harmless error beyond a reasonable doubt. Now, defendants must prove prejudice on their own, even when their constitutional rights have been violated. This decision highlights the importance of preserving objections at trial and the need for experienced representation to navigate complex legal issues. To discuss your case with an attorney, visit MakeLawEasy.com. Read more »Meet Your Concierge: Making Law Easier for You
Enhancing Your Experience with Wirth Law Office Wirth Law Office just elevated client service to the next level with the creation of a new Client Concierge role. This dedicated professional focuses on ensuring your satisfaction and streamlining your interactions with Wirth Law Office. For clients, this means concierge service at no additional cost. Role of […] Read more »When is Slander Charged as a Criminal Offense in Oklahoma? When You Slander a Prosecutor! 21-781
If you're wondering when slander is charged as a criminal offense in Oklahoma, the answer is not very often. Typically, slander falls under civil law, where individuals sue for monetary damages due to false statements causing harm. However, there is a specific law in Oklahoma, Title 21 Section 781, that addresses false rumors of a slanderous nature as a misdemeanor criminal offense. In a rare case, someone was charged for spreading a false rumor about a prosecutor on Facebook. While First Amendment rights protect freedom of speech, spreading false rumors can have consequences. If you have questions about criminal charges in Oklahoma, consult with an attorney for legal advice and defense strategies. Read more »Is Spreading a False Rumor a Crime in Oklahoma? (21 O.S. 781).
Spreading rumors may seem harmless, but in the state of Oklahoma, it can actually be a crime. Title 21 section 781 outlines the offense of spreading false rumors of a slanderous nature, which can result in jail time and fines if convicted. The key factor in determining whether the rumor is actionable or protected speech lies in the intent - if it is willful, knowing, or malicious. While prosecutions for this offense are rare, it is important to be cautious about what you say, especially when it comes to damaging someone's reputation. If you find yourself facing criminal charges related to spreading false rumors, it is crucial to seek legal advice from an experienced attorney. Read more »NEW LAW Creates Rebuttable Presumption for Child Abusers Not to Get Custody (SB 901).
New law creates a rebuttable presumption for child abusers not to get custody. Attorney James Wirth breaks down Senate Bill 901, set to take effect in November 2024, which adds child abuse to the list of triggers for custody denial. While the court already had discretion to rule in the best interest of the child, the new law widens the definition of child abuse to include emotional harm and neglect. Wirth cautions that these broader definitions could impact more cases than expected and urges those facing custody battles to seek legal advice to ensure a fair outcome. For confidential legal assistance, schedule an appointment at MakeLawEasy.com. Read more »Everything is Child Abuse under Oklahoma Law (10A O.S. 1-1-105).
Child abuse is a serious issue that is defined in a wide-ranging manner under Oklahoma law. As Tulsa attorney James Wirth explains, the definition of abuse includes not only harm but also threatened harm to a child's health, safety, or welfare. This definition encompasses non-accidental physical or mental injuries, neglect, abandonment, and exposure to illegal activities. The statute is broad and leaves room for interpretation, making it important for parents involved in custody battles to understand how it could be used against them. To navigate the complexities of child abuse laws in Oklahoma, it's crucial to seek the guidance of an experienced attorney like James Wirth. Read more »Confidentiality in Adoptions and Guardianships
Are you in the middle of a guardianship or adoption case and are not sure about what, if anything, you should say about the case while it's ongoing? My name is Karl Burkhead. I'm a family attorney in Tulsa and I'd like to give you some information on that. This advice is actually really good and helpful for any type of case, but I'm focusing specifically on guardianships and adoptions because those are what we call closed proceedings. What that means is that there's no record available to the public. If you're in the middle of a guardianship case and Bob from down the street wanted to go take a look at what had been filed, he couldn't go to the courthouse and get access to those records, even if he had the case number. That information is only made available to the court, to the attorneys, and to the parties. What should you do in this situation? The best thing for you to do is stay off social media and limit who you discuss the case with. I had a case a while back where my client's, I think it was his mother-in-law, was trying to get guardianship over the kids and had gone on Facebook and made a bunch of posts about a couple conversations she had with her lawyer about their case strategy and about how he was going to do this, that, and the other and how she was going to try to pull this trick or that trick or whatever. My client found them because she put them on her public profile, brought them to me, absolutely tanked the other side's case. As a flip, I had a case years and years ago where I was trying to get guardianship from my clients and only to find out on the day of trial that they had been posting on a GoFundMe page about the case. Not just a, hey, we're trying to get a guardianship, we'd really like some help. No, they posted details, photographs, specific allegations, everything that is not supposed to be made public record was put on display on the internet. The best advice that I can give is the simplest advice that anyone can give. If you're unsure, just go ahead and stay silent, stay off social media, only discuss the case with your attorney. If you have any questions about this or if you'd like to discuss an ongoing matter with us, my name's Karl Burkett, I'm with Worth Law Office, and you can find us at MakeLawEasy.com. Thanks. Read more »Defending Against Domestic Assault and Battery
Are you defending against a domestic violence charge and you don't really know what to do? My name is Carl Birkhead. I'm a criminal attorney in Tulsa and I would like to go over with you just a few points about how to help your defense in a domestic violence situation if you have been accused of domestic assault and battery. First and foremost, stay away from the alleged victim. It's usually a condition for the court for the bondsman to require that there be a no contact order between the suspected abuser and the alleged victim. It keeps things simple, keeps things clean, and it also protects you from potentially having them come back and say, oh well, he's trying to intimidate me now. He's trying to coerce me into not testifying. She's trying to convince me to not move forward with this or whatever the case may be. Always, always, always stay away from the alleged victim. Beyond that, it's going to be a simple matter of showing to the court why you are not actually an abuser. We can do anger management analysis, domestic violence risk assessments, things like that to show that regardless of what you're being accused of, you're not actually an angry or a violent person. It really comes down to ultimately remembering that it's not your job to prove the state's case. The state has to prove that you are guilty. It's simply our job to poke holes in that and show that there's absolutely reasonable doubt about the situation. If you believe that you are in the middle of domestic violence charges or you believe that you may be getting charged with domestic violence soon, please reach out to our office. You can find us on MakeLawEasy.com or Wirth Law Office. My name is Carl Burkett. Thank you. Read more »Defending Against Domestic Violence
Are you facing a domestic violence charge and feeling lost on how to defend yourself? Carl Burkett, a criminal attorney in Tulsa, is here to help. One important step in your defense is to stay away from the alleged victim, as a no-contact order is often put in place. Additionally, showing the court that you are not actually an abuser through anger management analysis or domestic violence risk assessments can strengthen your case. Remember, it's not your job to prove your innocence, but to create reasonable doubt. Contact Carl Burkett at MakeLawEasy.com or Wirth Law Office for assistance with your domestic violence case. Read more »
