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Questions Answered by Joseph Hoelscher
2 Answers | Asked in Criminal Law for Texas on
Q: Can you get an EPO dropped off someone in jail?

We have had an epo present before and dropped it.

Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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... Read more »

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1 Answer | Asked in Child Custody and Divorce for Texas on
Q: My wife left me and my two sons recently. She shows no interest in seeing them. How can I get full custody?
Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: Hi i wanna know if my ex wife can take my son to another country with out my permission

I dont khow how she got the passport if i haven't not sign any papers in the case what i can do m

Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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...
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2 Answers | Asked in Copyright and Internet Law for Texas on
Q: Can my apartment complex use my image without permission on a promotional account?

My apartment complex posted my picture on their public, promotional Instagram page (taken without my permission from MY instagram), along with my full name and (given that it is their own Instagram) basically my address. I was neither informed prior OR tagged in the photograph, so was I not... Read more »

Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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... Read more »

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1 Answer | Asked in DUI / DWI for Texas on
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

stupid question i believe i already know the answer too, so sorry for/if wasting you're time my room-mate just got his 3rd dui/dwi (drunk driving) here in the Woodlands, TX I saw they updated the "disclosure" part of the law this year in september, He is going to court in a week is it truly... Read more »

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.

1 Answer | Asked in DUI / DWI for Texas on
Q: my son has pending DUI case, got a jury summons. Is he disqualified? due to Q8?

Q8 - I have a pending misdemeanor theft or felony charge

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.... Read more »

1 Answer | Asked in DUI / DWI for Texas on
Q: Texas dwi jail time, good behaviour early release Possible?

My fiancee got a 2nd dwi and was sentence to 30 days in jail in Texas, does he have to do all 30 days? Can he get out in 15 instead

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

1 Answer | Asked in Child Support for Texas on
Q: Is it legal for them to order it if the divorce papers say that there's no child support ordered? Can they really
Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.

1 Answer | Asked in Child Support for Texas on
Q: Can the attorney general legally order me to pay child support where none was ordered in the divorce??

Just because of Medicare?

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.

1 Answer | Asked in Child Custody and Child Support for Texas on
Q: If a parent failed to get the child after visitation ends what happens to child support order
Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.... Read more »

1 Answer | Asked in Child Custody for Texas on
Q: If custodial parent failed to get my son after visitation ends what happens to the child support order?
Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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.... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: If I file a falsely written affidavit about family violence on a household member impeding breath. What am I facing?

I wrote a statement on my boyfriend for hitting me and putting a pillow over my head. He is now being charged with assualt on a household member impeding breath (3rd degree felony) it was all a lie. What do I do to get his charges dropped and what am I facing?

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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,... Read more »

1 Answer | Asked in Child Custody and Child Support for Texas on
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?
Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Can I get into trouble for talking to a 17 year old when I am 29.

She had a profile on a dating site saying she was older.

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If some one comes to ur house and steals ur dog and it’s caught on camara , can that be a penalty

Should I make a report

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If some one comes to ur house and steals ur dog (English Bulldog puppy) can they get jail time? What kind of penalty
Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

1 Answer | Asked in Divorce for Texas on
Q: My divorce was final in February and nothing was stated in the divorce decree we just split everything equally.

None of our property or belongings were listed in the decree, we just split it amongst ourselves. At the time he had a vehicle and I had one. Now he no longer has one and wants mine. It is in his name on the title but we aquired it during out marriage and both paid for it. It is paid off now and I... Read more »

Joseph Hoelscher
Joseph Hoelscher answered on Jan 6, 2018

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... Read more »

3 Answers | Asked in Criminal Law for Texas on
Q: my girlfriend beat her minor daughter during an argument the younger one called the police and my girlfriend faces charg

my girlfriend faces charges for this, if the girl withdraws the charges they could dismiss the case? this is in San Antonio Texas

Joseph Hoelscher
Joseph Hoelscher answered on Jan 8, 2018

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... Read more »

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