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Questions Answered by Robert Allen Thornton

3 Answers | Asked in Family Law and Domestic Violence for Texas on

Q: How do I get my 21 yo daughter out of her dad's house w/her stuff safely?

He is very controlling and possibly violent as he was abusive to me when married. She says he has become unstable and she is afraid now. She wants out and needs help to move her things out. She knows that he would either break things, block her way or just become a "mess" so that she can't move... Read more »

Robert Allen Thornton answered on Jul 10, 2019

If you and she are concerned about her safety, then she should get out of there and leave the stuff. Otherwise, you might be able to get a restraining order.

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1 Answer | Asked in Divorce for Texas on

Q: My wife filed papers her self to divorce me. I have no problem with this however the vehicle she has in her possession

is financed and in my name. I would like the vehicle transferred to her name and have her responsibole for the balance due on the note since I due not have the vehicle. Do I need to hire a attorney to get this done?

Robert Allen Thornton answered on Jul 10, 2019

Your wife will have to agree to assume the note on the car. If refuses to cooperate, then you will need to call a temporary order hearing. In the hearing you will need to ask the judge to order her to assume the note if she is to keep the car. That will then need to reduce what the judge says to... Read more »

1 Answer | Asked in Criminal Law for Texas on

Q: I am looking to find a lawyer for a prohibited an item in a tdcj correctional facility case.

It happened in Abilene tx but when i got picked up i went to jones county jail Anson,tx which is the town next to Abilene. I am looking for a lawyer who has worked these cases or know anything about. Also I was wondering can I get a lawyer from Tarrant county who works counties outside of the Dfw... Read more »

Robert Allen Thornton answered on Jul 5, 2019

I have worked these cases before. I have also worked cases in Abilene. Click on my profile and email me to discuss.

1 Answer | Asked in Criminal Law for Texas on

Q: If you pay for a good lawyer to represent you How likely is it for the judge to reinstate your probation.

Robert Allen Thornton answered on Jul 4, 2019

Much more likely than if you went it on your own. For example, even though I am a lawyer, whenever I have needed legal help, having someone else represent me always made things go smoother. So, the issue is not so much will having a good lawyer guarantee a successful outcome, it is when you're... Read more »

2 Answers | Asked in Domestic Violence for Texas on

Q: I have been cohabiting with my fiancé with my kids for 3 yrs. He abused me now wants me out of our home. Filed a PO.

Can he kick me out?! He pays my car payment and tells me he’s not allowing me to take anything. Do I have any legal rights?

Robert Allen Thornton answered on Jul 1, 2019

My question to you is who owns the home, and what time of home is it? Also, it sounds like leaving is the best thing to do. Usually in the initial protective order, called an ex parte protective order, there is a "kick-out" order, kicking the abuser out until the hearing.

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1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on

Q: Hey if I get in a fight with my girlfriends step dad and I'm 16 will I get charges pressed on me?

He is texting me that "i know where he lives just saying" and "when I think I can take come try"

Robert Allen Thornton answered on Jun 24, 2019

The short answer is, it is possible. You would go to a juvenile court, though. Don't talk to the stepdad and let the dust settle.

2 Answers | Asked in Divorce for Texas on

Q: Is refusing to comply with some divorce decree provisions cause to appeal the decree? Is J of P court an alternative?

Robert Allen Thornton answered on Jun 24, 2019

No to both questions. You have to enforce the decree in a district court. If it is a family district court, and the provision involves the children, you have to go back to the family court. If the provision resulted from an agreement that could be enforced as a contract you could file in a civil... Read more »

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1 Answer | Asked in Divorce for Texas on

Q: 50 in few months looking to divorce. No place to go and not much money at this time. What can i ask for?

Both want divorce but id like to file. Can i ask for some financial help from husband to get me out and on my feet?

Robert Allen Thornton answered on Jun 24, 2019

The short answer is yes. You can ask for some help while the case is pending for sure. Whether you could get spousal maintenance after the case is over, depends on your situation and how long you have been married. You would have to file the case and set a hearing for temporary orders. There,... Read more »

1 Answer | Asked in Divorce for Texas on

Q: I've lived in Bexar County for close to 2 years. If you are in Dallas, would you still be able to help me??

Robert Allen Thornton answered on Jun 19, 2019

I love San Antonio. Click on my profile and send me a message there and we'll see what we can do.

1 Answer | Asked in Divorce for Texas on

Q: I dont have much money, but I need to file for divorce. No kids or property. Can you please help me?

I fled from the corpus Christi area due to his drinking and abuse.

Robert Allen Thornton answered on Jun 19, 2019

I could help you. I am in Dallas County. But, it depends on how recently you left Nueces County. You have to be a resident of the county you are filing in for 90 days for that court to have the authority to handle your divorce. So, if you want the divorce away from Corpus Christi, you will have... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: Is there a law about filing protection order an then getting back with person u filed against?

My friend filed against her husband an now they back together

Robert Allen Thornton answered on Jun 13, 2019

If the protective order is still live, he could be arrested at any time. If she got the protective order through a private attorney, she would ask the attorney to nonsuit the case. If she got it through a district attorney's office, she needs to be careful how she approaches the prosecutor. The... Read more »

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1 Answer | Asked in Divorce and Family Law for Texas on

Q: I have the following question regarding the Common Law Marriage in Texas and please provide me with the case law.

Could someone please clarify the following Texas Family Code - FAM § 2.401. Proof of Informal Marriage ?

(2) the man and woman agreed to be married and after the (agreement) they lived together in this state as husband and wife and there represented to others that they were married.... Read more »

Robert Allen Thornton answered on Jun 13, 2019

Two people can enter into a written agreement to be married. This, of course, would be conclusive, that is to say, would leave no doubt. Other than that, the agreement can be verbal. But, there does not have to be an actual formal conversation. To prove a common law marriage using this statute,... Read more »

2 Answers | Asked in Criminal Law for Texas on

Q: I got a public intoxication ticket in Dallas in April and received deferred disposition (7/30/19).

Do I still need to petition the court to remove, or expunge, the event off my criminal record once the case is dismissed?

Robert Allen Thornton answered on Jun 7, 2019

Although class c tickets are harder to find, it is a good idea to expunge those. Yes, you do need to petition the court to expunge the record.

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2 Answers | Asked in Domestic Violence for Texas on

Q: I was in a dispute with my bf and I defended myself and got a violence charge. I still haven't been to court for this.

What can I do to get this off my record? And if I waited a long time already does that mean they can just drop the case?

Robert Allen Thornton answered on Jun 7, 2019

Criminal charges can take a while to get filed by the arresting agency. Once a charge is filed, then the district attorney's office picks it up. Then the case is assigned a court. Then you make appearances. Depending on what county you live in, you may be able to monitor the file on the... Read more »

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2 Answers | Asked in Divorce and Child Custody for Texas on

Q: Is there recourse if I have hired an attorney, paid a $3500 retainer for custody/divorce case and no progress in case?

Lawyer has only been present for 1 appointment, he sends his paralegal. This has gone on for 3 months (divorce/custody case) We feel like there is no progress, maybe because we are not able to talk to the lawyer. Can I request the money back and find a new lawyer or should I be patient? I was told... Read more »

Robert Allen Thornton answered on May 30, 2019

As far as the retainer, ask for a statement of hours spent on the case. An attorney must hold the retainer in a trust account until the money is earned. You should get a statement setting out the time spent on your case so you can see how the retainer was applied. If no work truly has been done,... Read more »

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