VIOLATION OF CHILD CUSTODY ORDER -
DEFENSES - BURDEN OF PROOF
A person is justified in violating a child custody order if:
First, he/she reasonably believed that doing so was necessary to protect the child from physical, mental, or emotional danger to the child; and
Second, he/she notified the local law enforcement agency nearest to the location where the custodian of the child resided.
It is the burden of the State to prove beyond a reasonable doubt that the defendant was not justified in violating a child custody order. If you find that the State has failed to sustain that burden, then the defendant must be found not guilty.
Statutory Authority: 21 O.S. Supp. 2000, § 567A(B).
Notes on Use
The trial court should instruct on the affirmative defense if the defendant has come forward with sufficient evidence to raise the defense as an issue, or the issue has been raised by the prosecution's evidence.