Questions Answered by Joseph Hoelscher

Q: Can you get an EPO dropped off someone in jail?

2 Answers | Asked in Criminal Law for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
Inmates can be served in Texas. The policies vary by penal institution and by county for jails. An experienced process server may be able to help, but we find service through the Sheriff's Office to be the best way in our county. The court clerks can explain how to get citation and request service by your Sheriff's Office. The fees are usually reasonable, although a lawyer can definitely help.

Q: My wife left me and my two sons recently. She shows no interest in seeing them. How can I get full custody?

1 Answer | Asked in Child Custody and Divorce for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
You will need to go to court and request a SAPCR (Suit Affecting the Parent Child Relationship), which can be filed with a divorce. If you have sufficient evidence that she does not intend to return or have contact with your sons, then a termination of her parental rights may be possible, but terminating parental rights is difficult in Texas. You should hire an attorney to handle these matters.

If an attorney isn't in the budget, then you can contact the Office of the Attorney General -...

Q: Hi i wanna know if my ex wife can take my son to another country with out my permission

1 Answer | Asked in Family Law and Child Custody for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
Hi Cristian,

The answer depends on your Final Decree or child custody order, if y'all have been to court before. In Texas, many orders contain a geographic restriction, which limits where a child may be moved to. However, many orders are silent on travel that doesn't establish a new residence. So, whatever order controls your custody controls travel and residency. If y'all don't have an order at all, then you probably need to go to court to get orders and request that neither spouse may...

Q: Can my apartment complex use my image without permission on a promotional account?

2 Answers | Asked in Copyright and Internet Law for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
You should check your lease. However, a standard lease doesn't include those rights. In Texas, you have a property right in your image. Certain public images may still be used without permission, but not generally for commercial purposes. For example, if you walk through a live newscast at a crime scene, then you can't sue for damages. Generally, unless you have given permission (check your lease), then they shouldn't be doing that.

Q: He is going to court in a week is it truly "beneficial" for him to spend 200-400$ and do some Defensive driving / AA mee

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
It can't hurt, but it depends on a variety of factors. Some judges will see his effort as a positive factor in sentencing, some will not. He really needs to communicate with an attorney. A DWI after two prior convictions is a felony in Texas and most courts take it very seriously.

Q: my son has pending DUI case, got a jury summons. Is he disqualified? due to Q8?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
Actually, unless he is charged with a misdemeanor theft or felony, he is not ineligible. He can answer that question "no." However, the prosecutors will likely ask questions during jury selection that will require him to disclose it. They will also probably run a check to see who has pending cases. Unless it is for a civil case, he is unlikely to be selected.

Q: Texas dwi jail time, good behaviour early release Possible?

1 Answer | Asked in DUI / DWI for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
This will depend on whether that time is his sentence or given as a condition of probation ("ACOP"). In most counties, there is some type of early release. You can call the Sheriff's Department and ask what their good time policy is. However, if the time was given ACOP, then only the judge can modify it.

Q: Is it legal for them to order it if the divorce papers say that there's no child support ordered? Can they really

1 Answer | Asked in Child Support for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
If your decree is silent on child support, more than 3 years old, or your financial circumstances have changed sufficiently, then yes, they can. In any event, when a child receives Medicare, then the State is entitled to seek reimbursement.

Q: Can the attorney general legally order me to pay child support where none was ordered in the divorce??

1 Answer | Asked in Child Support for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
If your decree is silent on child support, more than 3 years old, or your financial circumstances have changed sufficiently, then yes, they can. In any event, when a child receives Medicare, then the State is entitled to seek reimbursement.

Q: If a parent failed to get the child after visitation ends what happens to child support order

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
This depends, but the short answer is nothing happens until you go to court and get a new order. Until the child support order is modified, you are potentially liable for whatever support you fail to pay and the AG will keep deducting the support if they have an order that allows them to do so. Depending on how long you have the child, you may be able to take custody/conservatorship and end your child support obligation. You can call the Office of the Attorney General, Child Support Division...

Q: If custodial parent failed to get my son after visitation ends what happens to the child support order?

1 Answer | Asked in Child Custody for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
This depends, but the short answer is nothing happens until you go to court and get a new order. Until the child support order is modified, you are potentially liable for whatever support you fail to pay and the AG will keep deducting the support if they have an order that allows them to do so. Depending on how long you have the child, you may be able to take custody/conservatorship and end your child support obligation. You can call the Office of the Attorney General, Child Support Division...

Q: If I file a falsely written affidavit about family violence on a household member impeding breath. What am I facing?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
This question comes up often in domestic violence cases. The problem with giving you advice in this context is that it be viewed as witness tampering by some prosecutors. Filing a false police report is a misdemeanor, but if you provided a sworn statement that was false, that could be perjury, which is more serious.If you actually filed it in court or as some public record, that's another offense. However, sticking to your story is potentially criminal as well, particularly if you intentionally...

Q: can my ex keep me away from my kids? she put me on child support and wants me to pay but that i can't see my daughters?

1 Answer | Asked in Child Custody and Child Support for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
In Texas, child support and visitation are separate issues. She cannot legally deny you visitation according to a court order just because you are behind on child support. That said, you do NOT want to be behind on child support in Texas. The Texas Attorney General is aggressive and the penalty for getting behind can include jail. A lawyer can help you lower your child support if it was set too high for your current income and can seek penalties against your ex. At a minimum, you should get...

Q: Can I get into trouble for talking to a 17 year old when I am 29.

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
That depends on what y'all talked about. Texas Penal Code section 25.03 makes it a misdemeanor crime to entice a child (under 18) away from his/her parent's or guardian's lawful custody. So, for example, if you asked her to sneak out and meet you, then you may have enticed a minor. The bigger problem would be section 15.031 covering criminal solicitation. If a person tries to convince a minor to engage in certain criminal activity, that is itself a crime, often a felony, depending on exactly...

Q: If some one comes to ur house and steals ur dog and it’s caught on camara , can that be a penalty

1 Answer | Asked in Animal / Dog Law for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
Under Section 31.03 of the Texas Penal Code, that person could get a jail sentence if the dog was worth more than $100. If the person had been previously warned against trespassing the property, then he might also be looking at a criminal trespass charge, which also carries a sentence up to six months in jail. If the dog was injured, an animal cruelty charge is possible. However, unless the puppy was hurt or the person has extensive criminal history, probation is more likely.

Q: If some one comes to ur house and steals ur dog (English Bulldog puppy) can they get jail time? What kind of penalty

1 Answer | Asked in Animal / Dog Law for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
Under Section 31.03 of the Texas Penal Code, that person could get a jail sentence if the dog was worth more than $100. If the person had been previously warned against trespassing the property, then he might also be looking at a criminal trespass charge, which also carries a sentence up to six months in jail. If the dog was injured, an animal cruelty charge is possible. However, unless the puppy was hurt or the person has extensive criminal history, probation is more likely.

Q: My divorce was final in February and nothing was stated in the divorce decree we just split everything equally.

1 Answer | Asked in Divorce for Texas on
Answered on Jan 6, 2018
Joseph Hoelscher's answer
In Texas, a divorce decree that doesn't specifically divide property will usually have language giving each party what they presently possess. Your problem is that the title creates a presumption that he is the legal owner of the vehicle. The language in the decree may be enough that a judge will order him to transfer title, but it will depend on the exact language and the facts you can prove in court. The only good mechanism for you to get into court I can think of would be a Motion to...

Q: my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg

3 Answers | Asked in Criminal Law for Texas on
Answered on Jan 8, 2018
Joseph Hoelscher's answer
The Bexar County District Attorney's Office does NOT have to drop charges just because a victim changes her story or asks them to dismiss. In fact, when the victim is a child, they are unlikely to do so. Worse, some of our prosecutors are aggressive in pursuing individuals they believe are intimidating witnesses, whether it happened or not. They will want to know why she is asking for the charges to be dismissed.

If the child is recanting because the incident didn't occur, the State...

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