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Questions Answered by Brian John Willett
1 Answer | Asked in Domestic Violence for Texas on
Q: On a dramatic vilance charge if both party's have blood does both party's go to jail

I got a mistermenar for dimestic vilance both of us had bloodshed. Butt only i want to jail and it was self defense.

Brian John Willett
Brian John Willett answered on Sep 29, 2015

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.

1 Answer | Asked in Domestic Violence for Texas on
Q: How to get simple assault dismissed between spouses?

It was all a misunderstanding and neither had any injuries of any kind. We had an argument, which was pretty bad, but any physical contact was accidental. I startled her walking up behind her and when she turned around she thru her arms up in disgust(from her dog) and caught me in the eye. I... Read more »

Brian John Willett
Brian John Willett answered on Sep 29, 2015

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.

1 Answer | Asked in Domestic Violence for Texas on
Q: I am 7 month pregnant and my husband hit me on my breast and tummy. What can he expect if i report him?

The reason was alcohol, he always spend money for it, even he know we should save every cent to move away from his parents house where we live 3 years , we got 2 kids already they are his from before. I save everywhere but he spend all the time, so its never ending story. I am from Europe living... Read more »

Brian John Willett
Brian John Willett answered on Sep 29, 2015

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.

1 Answer | Asked in Domestic Violence for Texas on
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

We don't live together

Brian John Willett
Brian John Willett answered on Sep 29, 2015

No it's not too late to report him, but it is unlikely that it will go anywhere since you waited so long.

1 Answer | Asked in Domestic Violence for Texas on
Q: My fiance claimed ive abused her, and in several different incedences, ive not been the combative party.

We both are struggling with addiction, methamphetamine. It tends to make my fiance hallucinate on several different occasions the officers let me go. Due to the fact they seen what was going on. She had now since went down town and made a report. What will happen? Im scared. And ive been feeling

Brian John Willett
Brian John Willett answered on Sep 29, 2015

It will depend on what she claims. Domestic violence cases can vary from a Class C ticket to a first degree felon.

1 Answer | Asked in Domestic Violence for Texas on
Q: I signed that I do not wish to press charges for domestic violence and my exhusband won the court. Can I change it?

Less than two years ago police in Plano Texas charged my exhusband with domestic violence Class C. He threatened me and I signed that I do not wish to proceed. Now I regret that. Can I have the case reopen and testify?

Brian John Willett
Brian John Willett answered on Sep 29, 2015

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.

1 Answer | Asked in Domestic Violence for Texas on
Q: Can i inform my husbands job about him being investigated for molesting my children and he has a temp P.Order

i served my husband with a temp protection order to stay away from all of us, we are in hiding due to the danger of him and his family, he has not only been absive but i have found child snuff films in his history along with learned he has been molesting my daugjter for the past 5 years. they have... Read more »

Brian John Willett
Brian John Willett answered on Sep 29, 2015

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.

1 Answer | Asked in Domestic Violence for Texas on
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?
Brian John Willett
Brian John Willett answered on Aug 6, 2015

No, only the State can dismiss charges. It is not your decision once charges are filed.

1 Answer | Asked in Domestic Violence for Texas on
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.

I lied to the cops and said it was an excuse. I almost lost my son I'm 7 months pregnant. What can I do

Brian John Willett
Brian John Willett answered on Aug 6, 2015

Try acting like an adult and leave the loser.You and your child are going to end up injured or dead.

1 Answer | Asked in Juvenile Law for Texas on
Q: a girl is14 and boyfriend is 17and are3years3 months and11 days apart will he get in trouble if they have sex or date
Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 17 year old girl date a 12 year old boy with parents permission?
Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
Q: can a 12 year old girl date a 16 year old boy in texas?

the guy is about to turn 17 in july and the girl turns 13 in june.

Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can I, a 13 year old male who lives in Houston, Tx go to jail for assault???

I gave the kid a concussion, and he was bleeding out of his right ear.

Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 13 year old date a 16 year old?
Brian John Willett
Brian John Willett answered on Aug 6, 2015

No, 13 is too young period.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a seventeen year old attend juvinile court alone if the case was caught at age 16?
Brian John Willett
Brian John Willett answered on Aug 6, 2015

No, his parents are required to attend as well.

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a 18 yr old girl date a 16 yr old guy
Brian John Willett
Brian John Willett answered on Aug 6, 2015

Yes they can date and have sexual contact as long as it is consensual and they are less than 3 years apart in age.

1 Answer | Asked in Juvenile Law for Texas on
Q: What would happen if a 17 year old going on 18 had a baby with a boy that just turned 13
Brian John Willett
Brian John Willett answered on Aug 6, 2015

She can be charged with Aggravated Sexual Assault of a Child and get up to LIFE in prison.

1 Answer | Asked in Juvenile Law for Texas on
Q: My girlfriend is 14 and I'm 13 .can we have sex in Texas?
Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
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
Brian John Willett
Brian John Willett answered on Aug 6, 2015

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.

1 Answer | Asked in Juvenile Law for Texas on
Q: Is it possible for a 16 year old to go to jail for dating a 13 year old

With no sexual intercpurse

Brian John Willett
Brian John Willett answered on Aug 6, 2015

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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