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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: Can a spouse delay divorce to claim part of an inheritance in Texas?

I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More

Sharita Blacknall
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answered on Mar 7, 2025

You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Estate Planning for Texas on
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... View More

John Cucci Jr.
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answered on Mar 6, 2025

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.... View More

1 Answer | Asked in Criminal Law, Personal Injury, Child Custody and Domestic Violence for Texas on
Q: Legal actions involving past brain injury and child custody issues after 13 years.

In 2009, I was thrown out of a vehicle by my ex-husband, resulting in a brain hemorrhage. I survived but now suffer from mental issues and experience panic and anxiety attacks. There are medical records documenting the injury. I didn't pursue legal action against him at the time because he... View More

John Michael Frick
John Michael Frick
answered on Mar 3, 2025

It is unlikely that you can take any action against your ex-husband based on the 2009 incident now because of the statute of limitations, depending upon where that incident occurred and whether your injuries resulted in you being rendered "mentally incompetent."

You can take...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: How can I secure spousal support in TX after separation and family violence?

I am seeking spousal support. I was unable to have children naturally due to hormonal issues, but I underwent medical procedures to accommodate my spouse's desire for a child. We now have a one-year-old, and I have not worked for 20 months since becoming pregnant. I was a stay-at-home mom and... View More

John Michael Frick
John Michael Frick
answered on Feb 18, 2025

When you file for divorce, you should request temporary spousal support as part of your temporary orders. In order to increase your chances of receiving spousal support, you should continue to diligently pursue employment and keep track of such attempts. You should secure certified copies of your... View More

1 Answer | Asked in Immigration Law and Domestic Violence for Texas on
Q: Can I file under VAWA without affecting my husband's LPR status?

I have been married to my Lawful Permanent Resident husband for 9 years and have experienced emotional and psychological stress, primarily due to my uncertain legal status in the country. Initially, we lived with his parents for two years without financial stability, as he was still in school and... View More

James L. Arrasmith
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answered on Feb 17, 2025

I understand your concern about protecting your husband's status while seeking security for yourself. Living with immigration uncertainty can create immense emotional strain, and it's commendable that you're exploring your options.

Filing under VAWA (Violence Against Women...
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1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Family Law for Texas on
Q: Can I stop communicating with my child's father due to manipulative texts and past harm?

I'm in Texas, and my divorce decree states that my child's father is allowed day visits, but he has not yet visited our child. Recently, his text messages have been manipulative and argumentative, affecting my mood; there are no explicit requirements regarding communication in the decree.... View More

Steven Buitron
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answered on Feb 16, 2025

You may request relief from the court by filing a motion outlining your child’s father’s behavior and asking that all communication between you be conducted through a court-monitored app, such as AppClose or Our Family Wizard. These platforms ensure that all messages are recorded and accessible... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Being charged with block 911 called but the verzion has no records of any called being made
Madolyn García Falone
Madolyn García Falone
answered on Feb 5, 2025

Interfering with a 911 call can happen in various ways, not just hanging up the phone when someone has successfully called 911. If the defendant allegedly snatched the victim’s phone away, for example. Especially if your charges came in the context of family violence allegations, you need to hire... View More

1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Texas on
Q: I'm looking for legal guidance on VAWA. Could you clarify any deadlines or statutes of limitations that apply?

My loved one was a victim of domestic violence along with her son about 5 years ago. She was not legally married to her partner and her sons dad but they were together for a very long time, would this be something she could apply for?

James L. Arrasmith
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answered on Jan 30, 2025

VAWA (Violence Against Women Act) allows certain victims of domestic violence to apply for immigration relief, even if they are not legally married to their abuser. In cases where the victim was in a long-term relationship and suffered abuse from a U.S. citizen or lawful permanent resident, there... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: Is there a way for me to get my case dropped?

NA

John Michael Frick
John Michael Frick
answered on Jan 22, 2025

Yes. If a criminal case has been filed, you need to persuade the district attorney handling your case to dismiss it. How depends upon your particular facts and circumstances. For example, if you have located a video recording of the event giving rise to the case and it clearly shows that no... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Why is it on this case Derek Paredes v the state of texas, the evidence isn't 100% proof, but he still got convicted?

I'm curious on why they relied on prior cases instead of technology.?

I'm interested to know more.

John Michael Frick
John Michael Frick
answered on Jan 16, 2025

From the appellate opinion, it does not appear that any type of "technology" is involved. The victims of the sexual assaults testified what happened. The defendant's attorney attempted to raise questions as to the consistency and reliability of the victims' testimony. A jury,... View More

1 Answer | Asked in Contracts, Personal Injury, Arbitration / Mediation Law and Domestic Violence for Texas on
Q: My ex illegally evicted me, I was homeless for 4 months. Can I recover $6000 it cost me + pain, suffering in small claim

He was psychologically abusing me for months, when I finally confronted him about him intentionally changing our moving plans at the last possible moment, and postponing the move for ridiculous reasons, He left me in the desert 40 miles from anything. I had to hitchhike for hours and found him at a... View More

John Michael Frick
John Michael Frick
answered on Jan 15, 2025

Yes, Texas recognizes a lawsuit for wrongful eviction. Because the damages are $20,000 or less, you should file this case as a small claim in the justice of the peace court where the premises are located. In JP court, you do not need an attorney. The cost of an attorney would ordinarily be more... View More

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Immigration consequences of pretrial diversion program for family violence in Texas

If an immigrant facing pending family violence misdemeanor charges in Texas enters into a pretrial diversion program, what impact, if any, will this have on their immigration status? Could this result in deportation or other immigration consequences?

James L. Arrasmith
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answered on Jan 6, 2025

Entering a pretrial diversion program for a family violence misdemeanor in Texas can have significant implications for your immigration status. Successfully completing the program typically results in the charges being dismissed, which means there is no formal conviction on your record. This can be... View More

1 Answer | Asked in Domestic Violence and Juvenile Law for Texas on
Q: How do I know if it’s discipline, or neglect/abuse?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Whether acts or omissions constitute discipline or neglect/abuse depends upon the specific facts and circumstances presented by the competent and admissible evidence in a lawsuit which will be adjudicated by a finder of facts (either a judge or a jury).

Generally, reasonable discipline...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should he expect during his pretrial hearing?

I filed assault on my boyfriend. Then they enhanced it to aggri ated with deadly weapon. The next day I filed a affidavite of non prosecution with the DA. The state picked it up and a year later received letter that grand jury indicted him. He is now scheduled for pretrial. What should he expect?.

Madolyn García Falone
Madolyn García Falone
answered on Nov 4, 2024

He may be asked to enter a plea, or answer information pertaining to whether he's interested in making a plea deal. If he has a lawyer, his lawyer should handle all of that and guide him through it. If he doesn't, he sorely needs a lawyer. Aggravated Assault with a Deadly Weapon (in a... View More

1 Answer | Asked in Immigration Law and Domestic Violence for Texas on
Q: Is it ok not a get a prima facie Determination on one’s vawa case after 2 years? I filed since 2022 yet no prima facie.

I have got a biometric update for EAD and travel parole even for my i485 yet no prima facie determination. Is that normal? I'm worried because I heard that vawa cannot be approved without a prima facie determination.

James L. Arrasmith
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answered on Oct 28, 2024

It's understandable to feel anxious after waiting two years without a prima facie determination on your VAWA case. While processing times can vary due to numerous factors such as case complexity or workload at the immigration office, a significant delay like yours is worth addressing.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: how do i drop charges?

i am the complaining witness, and pressed charges against someone while severely intoxicated. i do not remember the events as they correctly happened though i told the police officer who originally took my statement i believed i was put in a chokehold. but i want to take it back and they told me if... View More

John Michael Frick
John Michael Frick
answered on Sep 30, 2024

Theoretically, you can submit an affidavit of non-prosecution to the district attorney prosecuting your case. In cases involving domestic violence, that does not always work because the victim and perpetrator typically know one another and may be in a relationship. That raises a concern that the... View More

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What do I do to finalize my divorce. It's already filed in Williamson county
John Michael Frick
John Michael Frick
answered on Sep 26, 2024

It depends on whether your spouse has been served, has waived citation, has answered, or has agreed to the terms of a decree of divorce.

If your spouse has not been served, you will need to request issuance of citation and make arrangements to have your spouse served. Or, in the...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What am I to do when I file a protection order on behalf of my kids but mom still lives with whom I have the order

My wife told me her boyfriend hit her and our kids and threaten their lives on behalf of my kids I file a protection order against him. But she moved back in with him

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

As long as he obeys the protective order with respect to your kids, you likely cannot do anything except use that as evidence in your divorce. If he violates the protective order, you can file a motion to enforce the protective order.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: DA is assessing whether to press charges on a case in which complainant lied. How can my brother get ahead of it?

My brother is currently serving at an TDCJ ISF for 90 days for parole violation . We just found out that DA may be considering pressing charges against him on a case in which the other party lied to police about domestic violence, has since completed an affidavit attesting that their original... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 20, 2024

The only way to meaningfully address the issue is to hire a criminal defense attorney. Sometimes, if you catch a case before criminal charges are formally filed, a defense lawyer can convince the DA not to file the case at all. There isn't a lot of time to waste, though. You'll need to... View More

1 Answer | Asked in Criminal Law, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Hello I was accuse of felony 3 , and I am innocent the Harry's County I want to do a public trial because

They have done so much injustice in my case

18692040 Harry's county district

James L. Arrasmith
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answered on Sep 11, 2024

It's understandable that you're feeling frustrated and wronged by the accusations against you in Harris County. Being accused of a felony, especially when you believe you are innocent, is a serious matter and can be overwhelming. You have the right to a fair and public trial, and pursuing... View More

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