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Questions Answered by Matthew Valley

2 Answers | Asked in Domestic Violence for Texas on

Q: What if I changed my statement about domestic violence because I lied about the whole situation. Can he be set free

Matthew Valley answered on Jun 4, 2019

He could, and you could go to jail for making a false report. You should consult with a local criminal defense attorney before you go the state and change your story.

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2 Answers | Asked in Insurance Bad Faith for Texas on

Q: Texas and bad faith

My daughter was hit by a driver who ran a red light. The other driver was ticketed. His insurance company denied our claim without even having a copy of police report. They have also been very difficult to contact. I read that Texas doesn’t allow bad faith lawsuits unless it is between the... Read more »

Matthew Valley answered on Jun 4, 2019

You May end up having to file a lawsuit against the insured. It would be prudent to have a full consult with a local attorney who handles auto accidents.

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2 Answers | Asked in Domestic Violence for Texas on

Q: If charged with a Domesic Violence charge Prev Conv IAT, does the victim have to press charges for it to go to trail

Or will the State of Texas pick up the case and convict?

Matthew Valley answered on May 18, 2019

A prosecutor can still pursue a criminal case even if a victim doesn’t wish to pursue the matter.

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2 Answers | Asked in Criminal Law, Divorce and Family Law for Texas on

Q: Is there a specific time frame for a protective order to be processed, and granted?

I filed a protective order against my husband almost 2 months ago. Every time I call the courthouse to check on the status "the lady" never returns my call. My last conversation with "the lady" 3 weeks, she stated she triage the PO and she's the only one, so it may take some time. I need to know my... Read more »

Matthew Valley answered on May 18, 2019

From the Texas Family Code:

Sec. 84.001. TIME SET FOR HEARING. (a) On the filing of an application for a protective order, the court shall set a date and time for the hearing unless a later date is requested by the applicant. Except as provided by Section 84.002, the court may not set a...
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1 Answer | Asked in Appeals / Appellate Law for Texas on

Q: How do I appeal a case where the police seized my truck and was granted the motion

Matthew Valley answered on May 18, 2019

Your post doesn’t contain enough info to properly determine what is going on in your situation.

1 Answer | Asked in Child Support for Texas on

Q: Child support in Texas for still married couples

Me and my husband are still married and we have not filed or filled out any divorce papers. Can i file for child support without filing for divorce?

Matthew Valley answered on May 18, 2019

Yes. One usually is able to file for child support even if they haven’t filed for divorce. Custody/visitation can also be handled in the same matter.

1 Answer | Asked in Landlord - Tenant for Texas on

Q: If I have not pay my rent over 7 months at the apartment is that my fault or is it apartments Fault?

I had automatic pay to pay my rent they told me to use that because they never in the office sometime but my account closed but they still trying to take it out my account and

my bank wouldn't let them take it and said it was fraud what I did and blame it on me. Because they did not give... Read more »

Matthew Valley answered on May 18, 2019

I personally think it would be hard to find a judge or jury that would believe someone didn’t know they weren’t paying rent for 7 months. That being said, there might have been other things the landlord could have done instead of keeping a tenant in default for over half a year. I would talk... Read more »

3 Answers | Asked in Criminal Law and Juvenile Law for Texas on

Q: If a 17 year old girl wants to be with a 21 year old guy, is it legal in the state of Texas? If so what is the max age?

I know the age of consent in the state of Texas is 17. However does that mean that they are free to have a consentual sexual relationship with anyone of any age or is there a specific maximum age gap?

Matthew Valley answered on May 16, 2019

I agree with Grant St Julian III. Penal Code Section 21.11 (Indecency with a Child) only applies if the child is under 17 years of age.

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: My kids dad have primary custody of both of our kids. In right now he’s being investigated by CPS for substance abuse

and domestic violence. Instead of CPS giving me the kids while they do their investigation on him, they continue to allow my kids to still be in the home with him. What are some advice to getting my kids back.

Matthew Valley answered on Apr 27, 2019

You should talk to a local family lawyer about filing a modification in the court seeking to change conservatorship and possession.

1 Answer | Asked in Child Custody for Texas on

Q: how can I tell if something is a suggestion or an order in a child custody case

Matthew Valley answered on Apr 27, 2019

Schedule and attend a consultation with a local family lawyer to go over the provision(s) in question.

1 Answer | Asked in Family Law and Child Custody for Texas on

Q: Can I stop Grandparent’s rights for an order already put in place 5 years ago?

My son’s dad lived with his parents with my son when he died back in 2012. My son’s grandparents took me to court for Grandparent’s rights and then mediation for shared holidays and Joint Conservators. I agreed under duress (lack of money to keep paying a lawyer) 6 years ago but a lot has... Read more »

Matthew Valley answered on Apr 27, 2019

Talk to a local family attorney. If it’s been 6 years then there might be grounds to ask the court to modify the order in your favor.

1 Answer | Asked in Child Support for Texas on

Q: Is the mothers total income considered when determining child supp from father?

Mother lives in Texas with child, father lives in Florida. Mother filing for child support and is married to NFL player. Is their total income considered when determining the father's payment? Or is it percentages automatically?

Matthew Valley answered on Apr 27, 2019

In Texas the answer is generally “no, it is not.” The Texas Family Code has statutory guidelines for child support that are based on the net resources of the individual parent who is to pay child support. Mother’s new husband isn’t obligated to spend one penny on the child that isn’t his,... Read more »

1 Answer | Asked in Business Law for Texas on

Q: What is the best way to remove (non-participating/refusal to participate) members from an LLC setup as a partnership?

Matthew Valley answered on Apr 27, 2019

That really depends on the governing documents. You really need to consult with a local business attorney to determine what avenues are legally available to you.

1 Answer | Asked in Employment Law for Texas on

Q: Question about not being hired?

My husband and I are from Texas. We applied for a ranch job in Montana with a corporate office out of Florida. They told us we were hired as long as we didn’t have any convictions. They ran the background check, told us to sell all of our stuff and get ready to get on the road. We sold all of our... Read more »

Matthew Valley answered on Apr 27, 2019

You need to consult with a local employment or plaintiff’s lawyer. Depending on the particulars of your situation there may be a possible cause based in promissory estoppel. A consult with a local attorney could help you determine if promissory estoppel or some other cause of action applies in... Read more »

1 Answer | Asked in Child Support for Texas on

Q: Can a man give up his rights just because he doesn't want to pay me child support?

Matthew Valley answered on Apr 27, 2019

A parent can sign a voluntary relinquishment of his or her parental rights but there would have to be a petition to terminate the parental rights filed in the appropriate district court, and a judge would have to determine that it is in the best interests of the child to terminate the parent’s... Read more »

1 Answer | Asked in Child Custody and Family Law for Texas on

Q: Is the custodial parent violating our agreement?

The mother of my children and I have a Standard Possession Order in TX. It states, "both parties are enjoined from making any disparaging remark about the other parent...reasonably expected to diminish the love, respect, and affection the child feels for the disparaged party" and "each party shall... Read more »

Matthew Valley answered on Apr 18, 2019

You should talk to a local family lawyer about the matter. From what you have said, you may have grounds to go to court due to parental alienation. A consult with a local attorney would allow you to discuss the matter at the higher level of detail needed for an attorney to provide effective advice.

1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Construction Law for Texas on

Q: If you haven't been sued can you be made to answer personal questions in regards to another lawsuit that your fiance own

My partner is a builder and has been sued and the opposing counsel is asking about my involvement and asking me to give up personal information about myself. Example my bank account information and if i have opened new bank accounts.. is this legal

Matthew Valley answered on Apr 18, 2019

Is it legal for an attorney to ask you to provide access to your personal financial information? Probably yes. If you asking whether you legally have to provide him with that information, it depends. During a civil lawsuit, Texas law permits parties to pursue information from third parties that... Read more »

1 Answer | Asked in Real Estate Law for Texas on

Q: Real estate property.

Texas: I bought property while estranged from my now ex husband. The deed is only under my name. The divorce decree states that we share no property or children. Divorce was granted without ex husband's appearance. The property is paid off. I tried to sell the property but the Title company... Read more »

Matthew Valley answered on Apr 18, 2019

If you bought the property while you were married then it more than likely became marital property despite your name being the only name on the conveyance documents. If this is the case then there is a potential that your divorce decree did not resolve who got the property in question. You should... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on

Q: Can my landlord let themselves into my apartment without my knowledge or consent?

I'm renting a condo through a realtor. The actual owner of the condo is now selling it, and there has been a showing and an inspection done. Now I just found out that the realtor had an appraisal done without letting me know (well they sent me an email two hours before the fact to let me know they... Read more »

Matthew Valley answered on Apr 18, 2019

What does your lease say? Landlords frequently include provisions in their leases that override the general rule that a landlord does not have the right to enter leased premises, outside of emergencies, without a tenant’s permission.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: My kids dad have primary custody of both of our kids. In right now he’s being investigated by CPS for substance abuse

and domestic violence. Instead of CPS giving me the kids while they do their investigation on him, they continue to allow my kids to still be in the home with him. What are some advice to getting my kids back.

Matthew Valley answered on Apr 18, 2019

I would recommend getting a consult with a local family lawyer to talk about the matter. If events have arisen that have brought CPS into the picture then there may be grounds for you to go petition the court yourself for a modification of conservatorship in your favor.

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