Q: Legal advice: Husband in jail for family violence, mental illness, no-contact order?
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20 years ago, and he has never been violent toward me. He has a history of mental illness and began showing signs of possible dementia around a year ago, including confusion and disorganized behavior. Recently, he lost his sister and mother, and now he only has me. We are managing his mother's estate, and I need him home. Last Friday, he called the cops under the belief I was the aggressor, which wasn't the case. How can we address his legal situation, and can the no-contact order be lifted or modified?
A:
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.
His dementia issues may help you get a bond reduction or other consideration.
Your lawyer would talk to the DA and hopefully work something out for treatment and diagnosis, to drop the charges, or hole them until there is a diagnosis.
A lawyer could also file for a mental exam of your husband, to see if he is fit to face the charges.
My law office, or any other on JUSTIA, would be a good start.
I hope this helps.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
