Galveston, TX asked in Criminal Law and Domestic Violence for Texas

Q: I was the victim of domestic violence case with a child in the house. If my ex is guilty. Will i face charges also?

It was an assault and battery by strangulation. No one pressed charges. My daughters was asleep in her room during the Incident. CPS was called I was cleared. Now that I have read I can face domestic abuse charges after his conviction due to my child being in the same home.

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: CPS may step in to protect the child when the victim continues to share a home with the abuser because both parents have a duty to provide a violence-free environment for the children.

In larger cities, you can find FAMILY LAW attorneys who focus on fighting CPS. However, if you just look for an attorney who "takes CPS cases" you might end up with someone who primarily takes appointments as "attorney ad litem" to "represent the kids" and that type of attorney doesn't necessarily want to bite the hand that feeds them by going hard against CPS. If you end up crossways with CPS be sure to choose an attorney with experience fighting their overreach.

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.