Monday, October 10, 2011

Legal Myths

Myth- It is illegal to spank your child
We have heard many times that you will go to jail if you spank your child. This is false. In the Oklahoma Statutes, §21‑844 we read “Provided, however, that nothing contained in this Act shall prohibit any parent, teacher or other person from using ordinary force as a means of discipline, including but not limited to spanking, switching or paddling.” The “this Act” is related to child abuse.
There is obviously a difference in beating or abusing a child and disciplining a child. Abusing your child is reprehensible and illegal. To discipline a child is born in love for the child because you want to stop bad behaviors that will ultimately endanger the child or others around the child. Unfortunately, we live in an age in which honesty and discipline are seen as mean.  Nothing could be farther from the truth.

Myth- You must immunize your child before they can go to school
§10- 413
§ 413. Exemptions.
Any minor child, through his or her parent or guardian, may submit to the health authority charged with the enforcement of the immunization laws, a certificate of a licensed physician stating that the physical condition of the child is such that immunization would endanger the life or health of the child; or upon receipt of a written statement by the parent or guardian objecting to such immunizations because of religious or other reasons, then such child shall be exempt from the provisions of this act.
This says that you may exempt your child from immunizations on personal, religious or medical reasons.
You can pick up a copy of ODH Form 216-A Certificate of Exemption at your local Health Department or Board of Education. Or you can print it here: http://www.unhinderedliving.com/exemptionform.html
Do not believe the lie that you have to immunize you child. You can get a waiver. It is the law!

Truth – Dangerous dogs must be registered
§4-45.  Certificate of registration for certain dogs required - Exemption - Fee.
A.  It is unlawful for an owner to have a dangerous dog in the state without certificate of registration issued under this section.  This section shall not apply to dogs used by law enforcement officials for police work
§4-44.  Definitions.
As used in Section 44 et seq. of this title:
1.       "Potentially dangerous dog" means any dog that:
a.                   when unprovoked inflicts bites on a human either on public or private property, or
b.                  when unprovoked attacks a dog which results in the death of said dog either on public or private property;
2.       "Dangerous dog" means any dog that:
a.                   has inflicted severe injury on a human being without provocation on public or private property,
b.                  has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter aggressively bites, attacks, or endangers the safety of humans, or
c.                   has been previously found to be potentially dangerous, the owner having received notice of such by the animal control authority in writing and the dog thereafter attacks a dog which results in the death of said dog either on public of private property;

Truth- Your animals cannot worry one another
§21 1682.  Instigating fights between animals.
Every person who maliciously, or for any bet, stake or reward, instigates or encourages any fight between animals with the exception of dogs, or instigates or encourages any animal with the exception of dogs to attack, bite, wound or worry another, upon conviction, is guilty of a misdemeanor.
§21-1694.  Instigating or encouraging dogfight - Felony - Penalty.
Every person who willfully or for any bet, stake or reward, instigates or encourages any fight between dogs, or instigates or encourages any dog to attack, bite, wound or worry another dog, except in the course of protection of life and property, upon conviction, shall be guilty of a felony, punishable as provided in Section 1699.1 of this title.

Common-law marriage Myth: There is a common misperception that if you live together for a certain length of time (six years is what many people believe), you are common-law married. This is not true anywhere in the United States.
Oklahoma statutes recognizes common law marriages only if created before 11/1/98. Oklahoma's laws and court decisions may be in conflict about whether common law marriages formed in that state after 11/1/98 will be recognized. The controversy exists because in apparent opposition to state law, Oklahoma courts have upheld by case law common law marriage in Oklahoma.
However, Title 43, O.S., Sec. 1 and Sec. 7 state that in order to be married in Oklahoma, you have to have a license, have your marriage performed by a ceremony, and the ceremony must be solemnized in the presence of witnesses and a person authorized to perform the ceremony.
Among those states that permit a common-law marriage to be contracted, the elements of a common-law marriage vary slightly from state to state. The indispensable elements are (1) cohabitation and (2) "holding out." "Holding out" means that the couple tells the world that they are husband and wife through their conduct, such as the woman's assumption of the man's surname, filing a joint federal income tax return, etc.,(3) agree to enter into a marriage relationship; and (4) have a permanant relationship. This means that mere cohabitation cannot, by itself, rise to the level of constituting a marriage.

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