School bullying and cyberbullying would not be an issue in Oklahoma K-12 schools in a perfect world. But school bullying, cyberbullying, and harassment have been a growing concern facing students, parents, and schools throughout Oklahoma.

Fry & Elder attorney Preston Bennett knows this all too well. The up incoming Tulsa attorney recently won a civil lawsuit for a client involving a repeated school bullying incident.

“It was a unique case in that my client was not necessarily fighting the school, we were fighting against a policy they had in place,” Preston Bennett said. “These types of situations can get very emotional and volatile quickly. It was important for us to take the right kind of approach and be patient while always having the best interest of the child in mind.”

Bennett suggests that there has been an uptick in these types of cases partially because of increased access to social media and technology, and also because of other factors such as the Coronavirus Pandemic and increased inflation.

“There are a lot of people on edge right now regarding many of the policies in place,” Preston said. “Some of that can’t help but filter down to our youth which often translates into aggressive behavior.”

According to a 2020 report from The Heartland Institute almost one in five Oklahoma high school students, 19.4 percent, were bullied on school property in 2019, while another 14.5 percent of state high school students reported being cyberbullied.

Defining Oklahoma School Bullying:

The Oklahoma anti-bullying laws include the following definition of bullying or harassing behavior per Oklahoma Statues Title 70. Schools §70-24-100.3:

“Bullying” means any pattern of harassment, intimidation, threatening behavior, physical acts, verbal or electronic communication directed toward a student or group of students that results in or is reasonably perceived as being done with the intent to cause negative educational or physical results for the targeted individual or group and is communicated in such a way as to disrupt or interfere with the school’s educational mission or the education of any student.

In 2022, Sen. Dewayne Pemberton, R-Muskogee, authored Senate Bill 1138 as a modification to School Safety and Prevention Act to help improve the safety of public schools and better protect students from bullying and harassment.

According to the StopBullying.gov website, “Oklahoma school districts must adopt a policy for the discipline of all children attending public school and for the investigation of report incidents of bullying. School district policies must contain key policy and procedural elements …”

The website also highlights how Oklahoma anti-bullying laws encourage districts to “train teachers and other school staff on how to respond to bullying incidents.”

“Most Oklahoma school districts have become more proactive in implementing and updating bullying prevention strategies and policies,” Preston Bennett said.

Bennet was quick to follow that up saying no policy or prevention strategy is perfect. A situation may arise in which calling an experienced attorney who will advocate for you and your child.

Experience The Fry & Elder Difference

With origins dating back to 1932, the name Fry & Elder has long been synonymous with Tulsa legal excellence.

The firm focuses on family law and personal injury law in addition to criminal law. Fry & Elder has also been nationally recognized having been named to the U.S. News & World Report’s Best Law Firms list every year since 2014.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa school bullying attorney.

It is a Saturday night and you are entertaining friends at your residence when you get a knock on the door. It is the police and they want to come in. The first questions which likely come up are: What do you do? Followed by a series of questions such as: Can you ignore them? Are you legally required to open the door? Will they break down the door?

The above hypothetical is a realistic one that has and can happen. The criminal defense attorneys of Fry & Elder will shed some light on common probable cause questions so that you can have a better understanding of your rights.

Do Police Need a Warrant to Enter and Search My Home?

The short answer is yes. The Fourth Amendment to the U.S. Constitution states that a person has the right to be secure in their “persons, houses, papers, and effects, against unreasonable searches and seizures.”

This means that unless an officer has a search warrant, they generally cannot enter a person’s home. All police searches must be reasonable; unreasonable searches of your property are illegal and any evidence gathered during an unreasonable, illegal search cannot be used against you in a criminal case.

In many ways, the Fourth Amendment is there to remind the government that unless it is an emergency, law enforcement officials cannot just bust into someone’s home without an order from a judge.

Your Fourth Amendment right will be waived if you open the door and invite the police inside. Even if you have nothing to hide, there is usually nothing to gain by allowing the police to search your residence.

What defines a valid search warrant?

This is another common probable cause question many ask. A valid must meet four requirements:

1. The warrant must be filed in good faith by a law enforcement officer
2. The warrant must be based on reliable information showing probable cause to search
3. The warrant must be issued by a neutral and detached magistrate
4. The warrant must state specifically the place to be searched and the items to be seized

Can Police Enter Your Home Without a Valid Search Warrant?

There are only two ways the police can enter your home: the first is if you give your consent, and the second is if there is an immediate emergency that reasonably requires the officer to enter the home without a warrant.

An example of an exigent circumstance would be if a person within the house was being held hostage or threatened by someone the police believe is armed and dangerous and the police reasonably believe the search is necessary to protect life and prevent serious injury.

The cops may also be allowed to enter a home to prevent the destruction of evidence or contraband. Another common exigent circumstance occurs in domestic violence cases wherein the police are responding to a 9-1-1 call of domestic violence and they need to enter the home to prevent serious injury.

Once the police enter your home in these situations or with a valid search warrant anything the officer hears, sees, or smells is fair game.

Experience the Fry & Elder Difference

With roots dating back to 1932, the name Fry & Elder has been synonymous with legal excellence for nearly 100 years.

Our team of attorneys and legal personnel believe it is very important for citizens (and non-citizens, too) to know their rights and be willing to exercise them when dealing with law enforcement. If you are facing criminal charges resulting from evidence seized in an unlawful search, contact Fry & Elder today to set up a personal consultation with an experienced criminal defense attorney.

A New Year can bring about many resolutions. These might include cutting back on certain foods or alcohol, going to the gym more frequently, becoming more fiscally responsible or several other lifestyle changes. For those who have gone through divorce and have been paying a high amount child support, it’s quite possible you are asking the following question: Can child support in Oklahoma be changed after a divorce has been finalized?

The short answer to this question is yes, but with a few caveats the Tulsa law firm of Fry & Elder would like to point out by answering the following questions.

What Are the Requirements for Changing Child Support?

In Oklahoma, changing the amount owed for child support is called a child support modification. The parent paying child support may qualify for a different payment amount if there has been a substantial change in circumstances.

The court leaves this open to interpretation. Common situations that qualify are loss of employment, alteration to the child custody schedule, and the birth of another child.

A court does not usually consider small changes to life circumstances or income. It will consider significant changes that have an impact on the parent’s ability to pay the current child support amount ordered.

Modifications can also be sought after an increase in income. A significant promotion might result in a higher child support payment.

When Should You Request an Oklahoma Child Support Modification?

Oklahoma child support modifications are allowed when warranted. The two factors which typically determine whether an Oklahoma child support modification is warranted or not is that either there has been a significant change in circumstance since the initial order was issued or there was a problem at the time of the initial order.

Significant change of circumstance include the following according to OKLaw.org.

• The child is no longer entitled to child support;
• Verified permanent medical disability of either parent;
• Court ordered custody change;
• Change in daycare or medical insurance; or,
• Significant change in income in either parent’s income

Additionally, if there’s been a significant period of time to three years since the original decree was entered you can apply for current income information, as the child support probably would be increased.

How do I start the process of modifying child custody?

You must first file a motion to modify custody in the court that has jurisdiction to modify the prior custody order. The motion to modify is an important legal document that initiates your case. Once the motion is filed, the other parent must be served with it.

In Oklahoma, the receiving parent then has 15 days to file an answer with the court upon being served. If the two sides cannot agree to the requested modification of child custody, then the parents must present the matter to a judge at a formal hearing. Both parents will have the opportunity to present evidence on the matter at a trial.

Fry & Elder Here to Help You Through the Oklahoma Child Support Modification Process

If you need help navigating changes to your child support plan, the family law attorneys at Fry & Elder will not only help you through the process, but customize a game-plan tailor-made to fit your request.

With roots dating back to 1932, Fry & Elder has long epitomized Tulsa legal excellence in family law, criminal law, and personal injury law. The firm has also achieved national notoriety having been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa support attorney.

There are few times of the year more stressful than the holiday season, particularly for those in relationships going through turbulent times.

Challenges many couples encounter include everything from disagreements about child custody and visitation rights to what the holiday spending budget should be. These disputes can become so heated that they can ultimately lead to false restraining orders being filed.

Also known as Protection or Protective Orders, It is estimated that over 700,000 restraining orders are issued based on false claims of abuse, the repercussions on the legal and social systems are detrimental and may affect the accused person’s life to the point that their standard of living is extremely affected. If you believe you are the victims of one of these orders being filed against you, you need to consult with an experienced Tulsa restraining order defense attorney as soon as possible.

The trial attorneys at Fry & Elder not only empathize with this those going through this type of unfortunate scenario but want you to know that if you are the victim of a frivolous protective order filed against you, we have the resources, knowledge, and acumen in place to turn the tables on the accuser.

“We will make them fit the bill,” Fry & Elder attorney Preston Bennet said.

Indeed, the prominent Tulsa family law firm has a history of having frivolous or false restraining orders ruled in their clients’ favor.

Fry & Elder attorney Kevin Glasco not only recently successfully defended a client from a protective order he had it ruled frivolous, meaning the petitioner had to “fit the bill” for the court costs and attorney fees.

Robert G “Hap” Fry Jr. was no doubt pleased to hear about Glasco’s verdict. The well-known Tulsa attorney has also been able to successfully defend many clients from of protective orders and has had several ruled as frivolous.

“A request for a frivolous ruling from the court is unusual, primarily because most people don’t know that it is available and must be alleged in a response to an emergency protective order,” Robert Fry said.

Fry remembers the court stating the following after one such case.

“The court finds Petitioner filed this Protective Order action against Defendant to ‘retaliate’ against Petitioner’s wife and her family and to cover and distract from his own violations of the emergency protective order then in effect against him. The Court finds Petitioner filed the instant protective order action frivolously and no victim exists.”

What Are Restraining Orders or Protective Orders?

Protective orders in Oklahoma are defined and governed by the “Protection from Domestic Abuse Act.” Protective orders are typically entered against a family or household member when a victim has experienced or feels a threat of:

• Domestic violence
• Harassment
• Stalking
• Sexual assault

There are two types of protective orders which can be filed in Oklahoma: an emergency ex parte order of protection and a final or permanent order of protection.

Why You Need An Experienced Tulsa Restraining Order Defense Attorney

Having a protective or restraining order filed against you can have very serious consequences which can potentially affect your parenting rights and employment opportunities.

With domestic violence, stalking and rape all being separate and very serious crimes, having someone one file a protective order means they are accusing the other side of criminal activity. If you are the accused, you need a lawyer who can help you fully assess your situation and advise you about your rights for the protective order, for your family law case, and for any criminal investigation or charges. 

Once a protective order has been served, the defendant may not have contact with the person protected by the order until the protective order is lifted. Violation of a protective order can result in criminal charges. It is imperative that you immediately seek consultation with an attorney if you have been served a protective order. 

Experience the Fry & Elder Difference

With roots dating back to 1932, Fry & Elder has long epitomized Tulsa legal excellence in family law, criminal law, and personal injury law. The firm has also achieved national notoriety having been named to the U.S. News & World Report’s Best Law Firms List every year since 2014.

Contact Fry & Elder today to set up a personal consultation with an experienced and knowledgeable Tulsa attorney.

With origins dating all the way back to 1932, Fry & Elder is one of the oldest and most established Tulsa law firms.

It also is one of the best law firms in Tulsa.

The U.S. News & World Report revealed its highly anticipated 2023 Best Law Firms List and rankings, and Fry & Elder once again found itself on the esteemed list – for a ninth consecutive year.

“Tremendous honor,” Fry & Elder managing partner Simon Harwood said. “These types of awards, especially one of this stature, are never taken lightly. More than anything, I think it reaffirms our passion and commitment to our clients and our standing and reputation within Tulsa and the rest of the nation.”

Indeed, the recognition that comes with making the U.S. News & World Report’s Best Law Firms List for 2023 is noteworthy.

According to a news release put out by the U.S. News & World Report, Fry & Elder is in extremely elite legal company.

“To produce the 13th edition, the Best Lawyers research team analyzed almost 124,000 client responses, 12.2 million evaluations of more than 115,000 lawyers from more than 22,000 firms and conducted hundreds of interviews with law firm leaders. This process resulted in 2,071 firms earning a national recognition, and 15,825 firms earning a metropolitan recognition. Of those, only 571 firms earned a national Tier 1 recognition and only 64 firms earned a “Law Firm of the Year” designation.”

To be eligible for inclusion a firm must have at least one attorney who has been recognized in The Best Lawyers in America©.

Robert G “Hap” Fry Jr. more than fits the bill, as he was selected for a 13th consecutive year to Best Lawyers® earlier this year. The honor Fry received only goes to the “top 5% of private practicing lawyers in the United States.”

Fry, who continues to actively practice high-conflict, high-resolution divorce and child custody cases at the firm, likes the direction the firm is going under the leadership of Simon Harwood.

“Simon is doing a great job carrying the torch here just as I did under C. Lawrence Elder,” Robert Fry said. “We have a great mix of attorneys in place now – many of whom are experienced and several of which are up-and-coming attorneys. I feel really good about where are as a firm and the direction we are headed.”

Fry & Elder provides extensive legal services in both family law and criminal defense.

To set up a personal consultation with an experienced and knowledgeable attorney from one of the most established and Best Law Firms in Tulsa, contact Fry & Elder today.   

With eight attorneys in place now, Fry & Elder continues to evolve as an in-demand, high-volume Tulsa law firm. The firm handles criminal law defense matters and one of its attorneys – Preston Bennett – recently won a school bullying case. Still, the prestigious Tulsa law firm has long been known for its excellence in family law thanks in large part to the efforts of Robert G “Hap” Fry Jr.

Fry has been synonymous with Tulsa family law excellence for over 50 years during what has been a remarkable legal career at Fry & Elder, and his notoriety and popularity both locally and nationally only continues to grow.

Best Lawyers® recently tabbed Fry for inclusion in its 2023 legal directory.  This year’s selection marks the 13^th consecutive year that Robert G Fry Jr. has been selected, which exceeds that of many other family law attorneys in the Tulsa area. 

“I’ve been very fortunate to have had a career which has given me longevity, and that I continue to be passionate about,” Robert G Fry Jr. said. “I really enjoy working and developing relationships with clients and helping develop and construct the best legal plan for them moving forward. To be honored by Best Lawyers® is an honor that I don’t take lightly. There are many excellent attorneys in this area. To continually be included in Best Lawyers® is flattering.”

Best Lawyers® is widely viewed as the oldest and most respected peer-review publication in the legal profession.

Much of this has to do with the rigorous selection process Best Lawyers® employs. Lawyers are not permitted to pay any fee to participate in or be recognized by Best Lawyers.

As the website states:

“Recognition by Best Lawyers® is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

“Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer-review survey is directly related to the quality of the voters.”

Fry’s passion for his work has been well-documented and has not gone unnoticed for some time.  He was proactive in embracing and advancing the changes in child support guidelines in the 1980s, which drew national attention. He was interviewed on CBS The Early Showin a divorce series entitled, “What About the Kids?”

He has shepherded many attorneys over a spectacular career – three of whom have also gone on to become Fellows of the American Academy of Matrimonial Lawyers.   

“He’s a machine,” Fry & Elder managing attorney Simon Harwood said. “It’s really an honor to work with him and be under his tutelage. The fact that he continues to operate and work at such a high level after 50 years really speaks volumes about the passion he has for his clients and the legal process in general. I’ve learned quite a lot from him”

Contact Fry & Elder today to set up a personal consultation with Robert G Fry Jr. or another knowledgeable and experienced Tulsa attorney.  

Misdemeanors are the most common criminal charge for good reason. They encompass everything from property crimes, like theft and vandalism, to drug crimes, like marijuana possession or public intoxication. Even traffic violations are considered misdemeanor offenses, even though most people don’t even think of traffic offenses as actual crimes. Believe it or not, a speeding ticket is treated the same as domestic abuse.  

Depending on the nature of the misdemeanor, they can present significant roadblocks particularly when applying for a number of jobs. For example, not matter how much experience you have, an employer will likely view you differently if your record contains a “resisting arrest” or “domestic abuse” or “assault and battery” arrest.

The good news though is that expungement of a misdemeanor in Oklahoma is possible from your record no matter what type of misdemeanor was committed or what the outcome was so long as you meet certain requirements.

The attorneys of Fry & Elder wish to help navigate you through the complicated process of having a misdemeanor expunged.

How do you know if you qualify to have a misdemeanor expunged in Oklahoma?

You may be eligible to get that misdemeanor erased from your record. If there are no other charges for a felony or misdemeanor pending against you and you have never in the past been convicted of said offenses, a misdemeanor on your record is eligible for expungement if:

• All charges were dismissed against you;
• You have successfully completed a deferred judgment and 1 year has passed since the misdemeanor charge was dismissed;
• The fine for your conviction was less than Five Hundred One Dollars and you served no jail time;
• 5 years have passed since you served a prison term or suspended sentence; or
• You received a fine exceeding Five Hundred Dollars for a misdemeanor conviction (22 O.S. § 18)

The expungement process can be complicated, but it is worth it. Hire a skilled expungement attorney to assure that you can get your misdemeanors sealed and removed. Just like it never happened!

What are the benefits of getting your record expunged?

The benefits are numerous. For starters, you can legally deny the arrest or charge ever happened. That means that when you are applying for a job, for university financial aid, for housing or for anything, you can legally deny in writing that you were ever arrested/charged/convicted.

Second, it is illegal for any of the above institutions to use expunged information against you.

Finally, getting your records expunged can allow you to reach your full potential. No longer will you have this thing holding you back.

The attorneys of Fry & Elder are here to help

Whether you are attempting to get an expungement of a misdemeanor in Oklahoma, or you are going through another legal issue, our nationally acclaimed law firm has the resources and attorneys in place to help creatively construct the best course of action to ensure you have the best opportunity for a successful outcome.