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Questions Answered by Gary D. Peak
1 Answer | Asked in Family Law and Child Custody for Texas on
Q: how does a Petitioner sever a case

there are two fathers involved in a motion to enforce case and their contempts are not relevant to the other. One has far less fewer contempts (3) and the other father ceases to comply with the orders (13+).

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

I am not certain how these cases would be together any way. Surely they already originally have separate and different cause numbers.

I am wondering if they are not just being set the same times in Court to simplify matters?

An attorney really needs to review your pleadings in the...
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1 Answer | Asked in Child Custody and Family Law for Texas on
Q: Can a man’s previous abandonment of child be used as proof of being unfit with another child in Texas?

Even if it’s the other mother’s wishes.

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

All the facts you stated can be used against him.

3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Texas on
Q: Extreme sexual advances daily by boss. He assaulted me yesterday while holding a firearm threatening to have me arrested

He has me in his truck 280 miles from home working on a remodel. We're the only 2 people working the job. The owner of the house is a federal agent and my boss is using that to bully me. Im paid in cash. I have asked for him to sign a contract labor agreement, to which he has refused. His... View More

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

So if he is an Ex con, why not report him to police as felon in possession of a fire arm?

He is not required to sign any contract as Tx is an "at will" State, which means they can fire you without cause, subject to some limitations.

If this abusive boss, has a...
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1 Answer | Asked in Consumer Law, Criminal Law, Products Liability and Tax Law for Texas on
Q: I have a question in regards to selling your time.

Theoretically, let's say someone sells their time for 4 hrs to a client, and they just completed their 4 hrs of time the client paid for which is at 12 noon. If they mutually enjoyed each other's company and both wanted and had sex at 1230, since it's off the clock post companionship... View More

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

If you are asking whether it is illegal if the money wasn't for sex, the answer is no it is not illegal.

Now, it may be difficult to convince law enforcement the first 4 hours was what was paid for and any sex after the 4 hours wasn't. But, I like the argument.

3 Answers | Asked in Education Law for Texas on
Q: If you are arrested for Domestic Assault and you are a teacher will you lose your job?

Also, what if divorce is currently being pursued will this affect the outcome? For child custody?

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

I hate to say it depends, but it does depend on the facts of the alleged assault. Assault can be verbal, or physical. I can be a misdemeanor or felony. So severity matters.

It depends even more on where you are and the general policy of your District.

It also may depend somewhat...
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2 Answers | Asked in Criminal Law for Texas on
Q: my fiance serving 22years for aggrevatite assult and his only crime as a juvenile is there anyway to get him. Off parol

Such as good behavior work history ectc.

Gary D. Peak
Gary D. Peak
answered on Apr 7, 2018

Normally someone doesn't get 22 year sentence for a crime they committed as a juvenile, unless it is a serious crime like murder. You might need to check up on your fiance a little more.

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