Questions Answered by Brian John Willett

Q: On a dramatic vilance charge if both party's have blood does both party's go to jail

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
They can both go to jail but it is not necessary. If your argument is self defense then you are probably going to have to go to trial and argue that your actions were justified. It will be for the judge or jury to determine if that was the case.

Q: How to get simple assault dismissed between spouses?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
Contact the city prosecutor and explain the situation. If this doesn't work you need to contact an attorney who should be able to work out a deal to have your case dismissed. You may have to jump through some hoops to get there but it should happen.

Q: I am 7 month pregnant and my husband hit me on my breast and tummy. What can he expect if i report him?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
It would depend on the severity of any injuries that you sustained. You need to contact a domestic abuse shelter and move to it with your children. He will not change and eventually you aor your children will be killed.

Q: My husband hit me a week ago, is it too late to report him? He's on parole so I was iffy about reporting it but decided

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
No it's not too late to report him, but it is unlikely that it will go anywhere since you waited so long.

Q: My fiance claimed ive abused her, and in several different incedences, ive not been the combative party.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
It will depend on what she claims. Domestic violence cases can vary from a Class C ticket to a first degree felon.

Q: I signed that I do not wish to press charges for domestic violence and my exhusband won the court. Can I change it?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
You can attempt to have it reopened but quite frankly I doubt that the city will do it. Since no bodily injury occurred the police will be less than thrilled to reopen a case and then take the chance that you will change your mind again.

Q: Can i inform my husbands job about him being investigated for molesting my children and he has a temp P.Order

1 Answer | Asked in Domestic Violence for Texas on
Answered on Sep 29, 2015
Brian John Willett's answer
You are walking a fine line. Up to this point he has never been charged alone convicted of an offense. I would at least wait until charges have been brought and then it would become a public record.

Q: I put charges on my baby's father domestic violence and now he in jail it's been 2 months. Can I possibly take them off?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
No, only the State can dismiss charges. It is not your decision once charges are filed.

Q: My boyfriend has been abusing me for over a year now he recently put me in the hospital for running me over with a car.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
Try acting like an adult and leave the loser.You and your child are going to end up injured or dead.

Q: a girl is14 and boyfriend is 17and are3years3 months and11 days apart will he get in trouble if they have sex or date

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
Yes because they are more than 3 years apart in age.He could go to prison for 20 years and have to register as a sex offender for the rest of his life.

Q: Can a 17 year old girl date a 12 year old boy with parents permission?

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
NO,NO,NO, She can be charged with a felony and possibly go to prison and have to register as a sex offender for the rest of her life.

Q: can a 12 year old girl date a 16 year old boy in texas?

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
NO, NO, NO. He can be charged with a felony and end up in juvenile prison. And what 16 year old is so immature that he would date a 12 year old. He sounds like a loser.

Q: Can I, a 13 year old male who lives in Houston, Tx go to jail for assault???

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
You could possibly be charged with assault or even injury to a child. In theory you could go to juvenile prison, if the case was a felony, but highly unlikely.

Q: Can a 13 year old date a 16 year old?

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
No, 13 is too young period.

Q: Can a seventeen year old attend juvinile court alone if the case was caught at age 16?

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
No, his parents are required to attend as well.

Q: Can a 18 yr old girl date a 16 yr old guy

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
Yes they can date and have sexual contact as long as it is consensual and they are less than 3 years apart in age.

Q: What would happen if a 17 year old going on 18 had a baby with a boy that just turned 13

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
She can be charged with Aggravated Sexual Assault of a Child and get up to LIFE in prison.

Q: My girlfriend is 14 and I'm 13 .can we have sex in Texas?

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
No because you are under 13 which means the age defense does not exists. And you are way to young to be having sex with anyone.

Q: If a 15 year old boy in texas touched a 4 year old his sister in texas when he turns 18 will the charges come off of him

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
It would depend on how he was charged. If he received a determinate sentence then never. If he received an indeterminate sentence and didn't get into any other trouble after that at age 19 he could have his records sealed.

Q: Is it possible for a 16 year old to go to jail for dating a 13 year old

1 Answer | Asked in Juvenile Law for Texas on
Answered on Aug 6, 2015
Brian John Willett's answer
Actually here my answer to the same question for the 100th time charges. Since you are "dating" a person who is less than 14 years old then it is possible for you to end up in TJJD if you are having a sexual relationship.

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