Fry & Elder

Tulsa Family Law Firm Focusing on Divorce, Child Custody & Litigation

Tulsa, OK Law Firm
918.585.1107

Oklahoma Cyberbullying Attorney Discusses Cyberbullying Effects

Technological advancements have increased the opportunities for students of all ages to be successful. Unfortunately, the same advancements have given some pre-teen and teenagers an arena to further facilitate their bullying and abusive tactics around the clock.

Tulsa school bullying attorney Katie Egan

Kathleen M. Egan

Cyberbullying has become more commonplace in Oklahoma and throughout the United States, as it affects many students and young adults. Some reports claim that “more than 1 in 3 young people have experienced cyberthreats online.”

Fry & Elder Oklahoma cyberbullying attorney Katie Egan believes cyberbullying presents a real problem for many of today’s youths, particularly those enrolled in middle school, high school and college.

The accomplished trial attorney, who is licensed to practice in Connecticut and New York, in addition to Oklahoma, wishes to provide the following insight into Oklahoma cyberbullying tactics, their effects and what you can do to protect yourself or your child from cyberbullying.

Understanding Oklahoma Cyberbullying

Unlike physical, face-to-face bullying, cyberbullying does not end once the initial encounter is over.

Because cyberbullying occurs through digital technology mediums like email, text messaging and social media channels such as Facebook, Instagram, Twitter and Snapchat, cyberbullying incidents frequently operate on 24-hour per day cycle, making it all the more difficult for the victim to escape from the acts of intimidation, harassment and embarrassment.

Cyberbullying becomes even more difficult to monitor and trace because the attacker can easily hide behind a keyboard anonymously and post the offensive messages to a wide audience. Once those messages and posts are sent they are often difficult to delete.

The Potential Effects of Cyberbullying

The effects of cyberbullying can have very serious consequences for both the victim and the perpetrator. These could include any of the following.

  • Anxiety
  • Depression
  • Insomnia
  • Drug and alcohol use
  • Health problems
  • Low self-esteem
  • Suicidal thoughts or actions

Those who instigate the cyberbullying attacks may not initially realize the repercussion of their actions, but they can lead to a host of problems down the road which could include losing employment and education opportunities and potentially facing criminal charges.

If a cyberbullying incident was sexual in nature – such as sexting or sending and posting sexual pictures – the offender could be registered as a sex offender.

Oklahoma Cyberbullying Laws in Place

Oklahoma HB 1661 was signed into law in 2013. Known as the School Safety and Bullying Prevention Act, the bill addresses bullying in general, but it gives schools greater authority to specifically address cyberbullying acts.

As stated in a 2017 TeenSafe.com article,

“With the new law, schools can use law enforcement to intervene. It allows schools to maintain internal records of cyberbullying for police investigation. It ultimately relieves Oklahoma schools from having to address it themselves when their hands are often tied from any meaningful ramification. It moves the punishment from a school consequence to legal matter.”

Oklahoma cyberbullying attorney

Why the Need for an Experienced Oklahoma Cyberbullying Attorney?

Though the passing of Oklahoma HB 1661 was a move in the right direction for Oklahoma schools, students and educators, cyberbullying incidents often feature many gray and murky areas, making it all the more important to contact an experienced Oklahoma cyberbullying attorney.

Whether you have been a victim of cyberbullying or are being accused of committing cyberbullying attack, an experienced Oklahoma cyberbullying attorney will keep your best interests in mind and help you efficiently navigate through the process to provide you with the best outcome.

Fry & Elder Oklahoma cyberbullying attorney Katie Egan is knowledgeable and well-versed in the many different forms of bullying – physical and cyberbullying – which take place in out of school.

Egan is a member of a firm which has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014, and a team of trial lawyers who are some of the most distinguished in the state and include:

If you feel your child or someone close to you is a victim of a cyberbullying attach or is being falsely accused of cyberbullying, we encourage you to contact Fry & Elder Tulsa today to set up a personal consultation with an experienced Oklahoma cyberbullying attorney.

Fry & Elder Back In Business At Robert G Fry Jr. Center for Trial Studies

The Robert G Fry Jr. Center for Trial Studies is re-open for business.

Robert G Fry Jr. Center for Trial Studies

The elite Tulsa law firm of Fry & Elder will be moving back to its former 1630 S. Main Street Tulsa location, the Robert G Fry Jr. Center for Trial Studies, where it resided for two brief but memorable years from 2015-2017 by the end of the month.

“Very happy to be moving back to the 1630 location,” Robert G “Hap” Fry Jr. said. “From a financial perspective, moving back to this location makes the most sense. I feel the greatest advantage, however, for me is that I will be able to see everyone daily just walking down the hall. I believe our culture will be much stronger at this location which is vital to the success and morale of any workplace. It will feel much more like home.”

Fry & Elder, which has been named to the illustrious U.S. News & World Report’s Best Law Firms List for five consecutive years, will continue to feature an acclaimed lineup of attorneys who have won many awards and accolades during their legal careers.

Joining Fry at the 1630 S. Main Street location will be James R. Elder, Aaron D. Bundy, Lorena Rivas, T. Luke Barteaux, Katie Egan, Amy Page and Ruth Calvillo.

Fry & Elder’s talented legal support team of Joyce Caldwell, Judy Willits, Allison Smith, Kathy Keener, Rosie Renteria, Esther Salas and Amy Figueroa will also relocate with Fry & Elder’s experienced team of attorneys at 1630 S. Main Street.

The group is so respected and accomplished in the legal community that Caldwell and Willits were the subject of a recent feature story by the Tulsa Business & Legal News.

“We all work well together and respect one another’s talents and abilities,” Barteaux said. “I think we are all excited to begin a new chapter at Fry & Elder.”

The vaunted Tulsa law firm will return to 1630 S. Main Street riding a tidal wave of legal momentum.

Rivas has solidified herself as one of the premier Oklahoma immigration law attorneys and was the 2018 recipient of the prestigious Fern Holland Award.

Now in his 50th year of practice, Fry remains one of the best and most established Tulsa divorce attorneys. He is one of only 19 attorneys in the state to be a Fellow of the American Academy of Matrimonial Lawyers and was the 2016 Best Lawyers® Lawyer of the Year for Family Law in Oklahoma. Fry was also a Significant Sig Award Winner in 2017.

Barteaux became the firm’s first and only attorney to be sworn in as a judge when he was appointed Cherokee Nation District Judge in 2017. He was reappointed by the Cherokee Nation Tribal Council in February of 2018.

Bundy was the co-winner of the 2017 Earl Sneed Award, while Page is the 2018 Tulsa County Bar Association Family Law Section Chair, and the 2018 and 2019 OBA FLS CLE Chair.

All total, Fry & Elder features four lawyers who have garnered Super Lawyers® accolades and three AV-Rated attorneys. Contact Fry & Elder today to set up a personal consultation with a proven and experienced Tulsa attorney at the Robert G Fry Jr. Center for Trial Studies.

Fighting A False, Frivolous Oklahoma Protective Order

Long before Robert G “Hap” Fry Jr. became a distinguished Tulsa family law attorney, he served as the Chief Public Defender for Tulsa County. The skills Fry acquired as a criminal defense attorney certainly have not diminished.

Fry not only successfully defended a client from a protective order, the sought-after divorce attorney was able to turn the tables on the petitioner and have the Oklahoma protective order ruled as frivolous.

Oklahoma protective order

The court stated:

“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.”

This ruling opens the door for the Respondent (defendant) to secure attorney fees against the Petitioner, which Fry said his client fully intends to do.

“It’s an unusual case, which has a lot of moving parts,” Fry said, “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.”

Oklahoma Protective Orders Trending Up

Oklahoma protective orders are on the rise. The Tulsa World reported in 2017 that protective orders in Tulsa County “doubled from 2015 and 2016.”

As an acclaimed Oklahoma law firm, which has been named to the U.S. News & World Report’s elite Best Law Firms List every year since 2014, Fry & Elder understands the significant importance protective orders have as a legal boundary for victims to protect themselves against psychological and physical abuse.

However, there also are times when protective orders might be abused.

Protective orders intersect family law with criminal law. Though not always the case, protective orders can be misused as a means for a spouse or family member to get you out of the house or to get emergency custody of children.

Fry & Elder’s experienced team of Oklahoma family law and criminal defense attorneys want you to know that the ramifications of having a protective order filed against you can be detrimental.

Below is some information you need to know about Oklahoma protective orders.

What is a Protective Order?

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.

What Having an Oklahoma Protective Order Filed Against You Means?

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

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.

Oklahoma protective orders are initially heard on an “ex parte” basis, which means the defendant (the person who is accused of abuse, stalking, or harassment) has no opportunity to be heard or to challenge the protective order when it is first filed. When the protective order is granted, a court hearing date is set by the judge and the protective order petition, order, and notice of the hearing is set for service upon the defendant. A trial will be held at that set date and time to determine if a protective order is necessary.

If a permanent protective order is granted there is a chance you could lose your job and your professional license in certain circumstances. You also will no longer be legally allowed to possess or transport a firearm.

Protective orders are serious and the violation of a protective order can bring about even greater consequences.

What are the Consequences of Violating an Oklahoma Protective Order?

If you have had a protective order filed against you, it is important that you understand the serious nature of it and contact a proven Oklahoma protective order defense attorney to help you challenge it. Violation of a protective order can result in the following:

  • 1st offense: misdemeanor, up to one year in jail and a fine of up to $1,000
  • 1st offense resulting in injury: misdemeanor, 20 days to one year in jail and a fine of up to $5,000
  • 2nd offense: felony, 1 to 3 years in prison and a fine of $2,000 to $10,000
  • 2nd offense resulting in injury: felony, 1 to 5 years in prison and a fine of $3,000 to $10,000  

Oklahoma alimony support

Why Experience the Fry & Elder Difference

With roots dating back to 1932, Fry & Elder has long epitomized Oklahoma legal excellence in family law, criminal law, immigration law and personal injury law. The firm and its attorneys have been the subject of 36 articles by various Oklahoma media outlets since 2014.

The firm’s lineup of attorneys is comprised of:

Among the many titles and accomplishments Fry & Elder trial lawyers have recently collected include the following:

If you think you have been the victim of a false or frivolous Oklahoma protective order, we encourage you to contact Fry & Elder as soon as possible to set up an immediate consultation with a proven Oklahoma protective order defense attorney.

Elite Tulsa Law Firm Has Always Fought For Wrongfully Accused

As an elite Tulsa law firm with roots dating back to 1932 when C. Lawrence Elder began trying cases in Oklahoma courtrooms, Fry & Elder has achieved no shortage of legal feats.

Elite Tulsa Law Firm

The nationally-acclaimed firm’s trial lawyers have donned multiple legal hats, taken on many leadership positions and received numerous honors over the past 86 years. Fry & Elder’s attorneys actively practice Oklahoma family law, immigration law, criminal law and personal injury law cases.

One legal role no Fry & Elder trial lawyer, however, has played in the elite Tulsa law firm’s illustrious history has been that of a prosecutor.

“That is a point of pride for us, especially in criminal defense work” Fry & Elder trial lawyer Aaron Bundy said. “The entire careers of every lawyer working here at Fry & Elder have been dedicated to helping individuals, including fighting for the wrongfully accused.”

Bundy and fellow Fry & Elder trial lawyer and partner M. Shane Henry focus much of their respective practice areas on criminal defense work, including protective orders, federal criminal defense, bullying and DUI.

“I think with all of the technology and media coverage in place today, it is now easier than ever before for the court of public opinion to presume the accused is guilty and not innocent,” Bundy said. “But the judicial system has and will continue to operate under the presumption that one is innocent until proven guilty.”

Elite Tulsa Law Firm

Fighting for the Wrongfully Accused Often Comes with Prosecutor Bias

In 2017, Bundy and Henry traveled to New Orleans, Louisiana for the National Association of Criminal Defense Lawyers® 2017 Midwinter Meeting & Seminar where the two AV-Rated attorneys listened in as legendary criminal defense mastermind Barry Scheck presented.

Perhaps no other attorney is more well-versed in advocating for the wrongfully accused than Scheck. He co-founded the Innocence Project which has exonerated innocent, yet wrongfully convicted individuals like Michael Morton.  

Morton was released from prison in 2011 after serving nearly 25 years in prison after he was wrongfully convicted of his wife’s murder.

Morton publicly unveiled his remarkable and tragic story in his book “Getting Life: An Innocent Man’s 25-Year Journey from Prison to Peace” which also documented the unethical work of prosecuting attorney Ken Anderson.

Anderson was arrested and jailed after a court of inquiry found that the Morton’s former prosecutor had failed to “provide defense lawyers with exculpatory evidence indicating that another man might have killed Morton’s wife, including information that his 3-year-old son witnessed the murder and said his dad was not home at the time.”

Unfortunately, Anderson’s tale is not the only example of prosecutor immorality. As The Hill reported in a 2017 article:

“Traditionally, prosecutors are seen as measuring success in terms of convictions, plea bargains or the amount of punishment exacted.”

Titled “Criminal justice reform starts with the prosecutor,” the piece discussed how some 24 prosecutors from across the country met to discuss changes to their roles in the criminal justice system.

Adam Foss is an assistant district attorney in Suffolk County, Massachusetts had this to say: “Prosecutors are the most powerful actors in the criminal justice system. Our power is virtually boundless.”

When discussing the mindset of many prosecuting attorneys, Foss added this insight:

“For the most part, prosecutors step on the job with little appreciation of the impact of our decisions, regardless of our intent. Prosecutors aren’t really incentivized to be creative. … We stick to an outdated method that is counterproductive to achieving the goal that we all want, which is safer communities.”

Elite Tulsa Law Firm Attorneys Who Will Fight for You

If you are investigated or charged with a crime, you will need to contact an experienced criminal law defense attorney. Should you decide to contact Fry & Elder, you can have the peace of mind that no lawyer at the firm has ever worked on behalf of the government to accuse people of crimes

Furthermore, the elite Tulsa law firm has been named to the U.S. News & World Report’s Best Law Firm’s List every year since 2014. The renowned law firm’s lineup of attorneys includes the following:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with a proven trial lawyer who will aggressively fight for you in and out of the courtroom.

Oklahoma Alimony Support No Longer a Tax Deduction in 2019

Changes to Oklahoma alimony support are on the horizon.

Oklahoma alimony support

Under the recently passed Tax Cuts and Jobs Act signed into law by President Donald Trump, alimony (also known at spousal support) will no longer be deductible by the payor and count as income by the recipient. The provisions will not affect divorce decrees and separation agreements entered before Dec. 31, 2018, but those signed after would be impacted.

The Oklahoma alimony support lawyers of Fry & Elder are well aware that ending the 76-year old deduction could drastically impact many divorce settlement negotiations and agreements and are taking a proactive approach in preparing for the imminent changes set to come to Oklahoma alimony support.

“The change in tax treatment will have obvious effects on settlement agreements, as the tax deduction is often an important consideration when crafting a settlement agreement that includes support alimony,” local attorney Amy Page said in an email directed to Fry & Elder attorneys. “We are aware of these effects and are and will continue to be prepared to educate our clients about them as well.”

Oklahoma Alimony Support Defined

Alimony in Oklahoma and most other states is financial support paid by one spouse to another after divorce. Oklahoma alimony terms can be agreed upon by the parties involved or a judge can decide. Spousal support payments typically come in monthly installments but also can be paid in one large lump sum.

Unlike child support, there is no set formula to determine spousal support in Oklahoma. There also is no set time frame on how long a spouse can expect to pay or receive alimony. When determining the amount of spousal support to be paid, the following components often apply:

  • The length of the marriage
  • The health and age of each spouse
  • The mode of living to which each spouse has become accustomed during the marriage
  • Evidence of a spouse’s own income-producing capacity and the time necessary to make the transition for self-support
  • Demonstrated need during the post-matrimonial economic readjustment period
  • The parties’ station in life
  • The earning ability and education of each spouse
  • The parties’ physical condition and financial means

The Potential Impact of the Tax Provisions to Oklahoma Alimony Support

As Amy Page alluded to, changes to the tax treatment of spousal support could be far reaching, particularly at the negotiation table where the ability to use alimony deduction was often a powerful bargaining chip.

With only one year remaining for alimony to be claimed as a deduction, it has been reported that some family law attorneys are advising couples considering divorce to file this year – before the deduction is eliminated.

Politico quoted former American Bar Association Family Law Section Chair Mary Vidas as saying: “Now’s not the time to wait. If you’re going to get a divorce, get it now.”

The reasoning behind Vidas’ recommendation may stem from the fact that with alimony being wiped out as a deduction, more disputes could emerge between the two parties and what they deem as a fair number for spousal support.

“The deduction substantially reduces the cost of alimony payments – for people in the highest income-tax bracket, it means every dollar they spend to support a former spouse really costs them a little more than 60 cents.”

Added Pittsburgh family law attorney Brian Vertz:

“The repeal reduces the bargaining power of vulnerable spouses, mostly women, in achieving financial stability after a divorce.”

Though alimony was historically awarded to the wife, this is not the case anymore. Gender is now irrelevant when determining Oklahoma alimony support, meaning either the husband or wife can receive alimony.

Why Experience the Fry & Elder Difference?

Robert G “Hap” Fry Jr.’s divorce philosophy to “always seek mediation and resolution first, but when a compromise can’t be made to shoot all the bullets you have and throw the empty gun at them” has long been a hallmark of the firm. That said, Fry & Elder has remained proactive in staying up to date with Oklahoma family law practices, including spousal support.

The firm has been named to the U.S. News & World Report’s Best Law Firms List every year since 2014 and Is comprised of an experienced team of family law attorneys which include:

Should you have any additional questions in regards to Oklahoma alimony support or any other family law matter, we encourage you to contact Fry & Elder Tulsa today to set up a personal consultation with a proven family law attorney.

Experienced Tulsa DUI Defense Lawyers Provide Sound Advice

While the acclaimed Oklahoma law firm of Fry & Elder has been primarily known for its excellence in family law the past 50 years, the firm, which has been named to the U.S. News & World Report’s Best Law Firms List each of the past five years, also provides exceptional criminal defense for a variety of criminal matters including DUI (driving under the influence).

Tulsa DUI defense lawyers

It’s no secret to anyone that DUI’s are a big deal. Driving under the influence is considered a crime in every state and DUI charges are handled in criminal court. Depending on the circumstances, Oklahoma DUI convictions can lead to everything from a license suspension to jail or prison time. Those punishments are even more compounded by the financial loss and psychological impact that a DUI conviction can impose on someone.

The Tulsa DUI defense lawyers at Fry & Elder encourage everyone to make safe decisions this holiday season and avoiding getting behind the wheel if you have had too much to drink. Research indicates, however, that there is an increase in DUI stops on or around New Year’s.

What Does the Research Indicate?

According to a report by Scram® Systems, 40 percent of all highway deaths that occur during the holiday season (Blackout Wednesday through January 2) are caused by drunk drivers. The Oklahoman recently reported that nearly 800 people died across the nation in December of 2016 as a result of “drunk-driving related crashes” and that “nearly 30 percent of those who died in traffic crashes were in incidents involving a driver with a BAC of 0.08 percent or higher. In Oklahoma that percentage was 50 percent.”

The Oklahoma City media outlet also indicated that law-enforcement officials throughout the state “will work around the clock to keep vehicle drivers and passengers safe as they search for drunk drivers.”

Fry & Elder’s Tulsa DUI defense lawyers, again, want you to utilize sound judgement this holiday season, but in the unfortunate event that you do get stopped for DUI, it is imperative that you seek consultation with an experienced team of Tulsa DUI defense lawyers.

Tulsa DUI defense lawyers

Courtesy of Scram Systems

Why Consult with an Accomplished Team of Tulsa DUI Defense Lawyers?

DUI law is complicated, meaning that it is difficult for someone with little to no experience in handling DUI cases to properly assess the strengths and weaknesses of your case. The fact of the matter is, there is too much on the line to not consult with an attorney experienced in handling DUI cases.

While you can choose to be represented by a public defender, hiring a private attorney typically has more advantages. These include:

  • Additional one-on-one consultation time
  • A greater chance for desired results or outcome
  • Less time in court

Why Experience the Fry & Elder Difference?

Fry & Elder not only has a team of skilled Tulsa DUI defense lawyers, the firm provides after-hours special emergency legal assistance. Its decorated lineup of trial lawyers include:

Contact Fry & Elder Tulsa or Fry & Elder Oklahoma City today to set up a personal consultation with a distinguished Oklahoma trial lawyer.