Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Matthew Valley
1 Answer | Asked in Animal / Dog Law for Texas on
Q: What kind of lawyer should I hire that deals with puppy contracts?

I recently bought a dog, as I took him to the vet they believe he has a genetic illness that was caused by a dog being misbred. I contacted the store many times and they will not let me get in contact with the owner or manager. The associate always advises me to contact them later or email. I have... Read more »

Matthew Valley
Matthew Valley answered on Mar 28, 2020

Talk to a local consumer lawyer to discuss your options.

2 Answers | Asked in Child Custody and Divorce for Texas on
Q: My wife will not let me see my daughter without her being there. We are not divorced yet. What do I do

My wife left with my daughter last September. We are not divorced yet but she says I can not see her without being supervised. Also every time she wants to set up a visit it is concierge for her only or if she is wanting something.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

You need to get a family law attorney and go to court to get orders specifying when, where and how long you and her get to see your children. That way if it is “your time” and she refuses you can seek enforcement from the court, which can include jail time for her.

View More Answers

1 Answer | Asked in Landlord - Tenant for Texas on
Q: I rent a home in Purcell ok but will not have rent on the 1st due to this corona virus. Can i be evicted?
Matthew Valley
Matthew Valley answered on Mar 28, 2020

You need to talk to an OK licensed attorney because the property is in OK. It’s also a landlord-tenant issue, not family.

1 Answer | Asked in Family Law and Civil Litigation for Texas on
Q: Divorce decree states she is to pay me $208/month for 3 years. It's been 2 years & not received a penny. How to enforce?

It's for property division.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

Depends on whether that money is spousal maintenance, child support, or just an agreement related to the property division. You should take your divorce decree to a local divorce attorney for a consult.

1 Answer | Asked in Uncategorized for Texas on
Q: I am looking for a family members case online and his name has completely disappeared. It used to show up online.

I would type his name on google and we would see the information.

Matthew Valley
Matthew Valley answered on Mar 28, 2020

Unsure what the legal question is here. If you know what court the case is out of then you can always call the clerk’s office for that court and ask about the case.

4 Answers | Asked in Bankruptcy for New York on
Q: Can i file for bankruptcy without losing my apartment or my ability to renew?

Hello. I am about to begin the process of filing for bankruptcy. My landlord has legal fees as well as maintainance fees on my rent statement which adds up to approx. $3000.00... i do not owe any money on my regular monthly rent . Maintenance charges are not on my lease. My landlord added those... Read more »

Matthew Valley
Matthew Valley answered on Mar 28, 2020

As the other attorneys have said: should talk to a bankruptcy attorney as you appear to have some confusion of the issues.

That being said, Chapter 13 does allow one to “assume” a lease—one would typically pay the arrearages over 3 to 5 years of the Chapter 13 plan while remaining...
Read more »

View More Answers

1 Answer | Asked in Animal / Dog Law for Texas on
Q: If my dog got out of the fence and killed another persons dog but her dog is unregistered can she still sue us
Matthew Valley
Matthew Valley answered on Jul 24, 2019

Yes. I don't see how her dog's registration status has anything to do with her case against you.

1 Answer | Asked in Employment Law for Texas on
Q: I am a 17-year-old male in Austin Texas, I was wondering when I am entitled to a break based on hours worked.
Matthew Valley
Matthew Valley answered on Jul 24, 2019

Neither Texas nor Federal law require an employer to give employees a break during their shift. Their is an exception for breastfeeding mothers who must receive a lunch break of at least 30 minutes.

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
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.

View More Answers

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
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.

View More Answers

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
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.

View More Answers

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... Read more »

Matthew Valley
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...
Read more »

View More Answers

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
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
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... Read more »

Matthew Valley
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
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.

View More Answers

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
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
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
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
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.