Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

answered on Apr 14, 2025
You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More
I have joint custody with my children's father, and there is a third-party exchange in place due to past domestic violence. The two-year restraining order against him has expired. My children need passports, but their father refuses to sign the papers unless I call him, which I fear could... View More

answered on Apr 10, 2025
My recommendation would be to have another family member or friend contact the father to work out the passport issue on your behalf.
I am a 16-year-old currently living in Alabama with my grandmother after being removed from my mother's home in Texas by CPS due to domestic violence and home conditions. I work part-time while attending school, so I'm unable to support myself fully. I wish to get emancipated and live... View More

answered on Apr 9, 2025
When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More
I'm restricted from physically accessing the residence I share with my separated wife due to a no-contact order involving my ex, who is currently living there. I've initiated eviction proceedings against my ex, who is supposed to move out by May 1st. My vehicle, which is registered solely... View More

answered on Apr 8, 2025
You need to make a motion to get your vehicle in the Court that issued the no contact Order. Talk to your TX attorney.
I am facing charges of Assault Causing Bodily Injury to a Family Member and Interference with Emergency Request for Assistance. I was released on bond on 12/28/24. My wife and I want to drop the charges, and she has signed an affidavit stating she does not wish to pursue the case. My attorney... View More
I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More

answered on Mar 31, 2025
It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More
I am turning sixteen next month and live in an emotionally and sexually abusive household in Texas. My mom threatened to kill me after I reported my stepdad's abusive behavior. She won't let me get a job to maintain control over me financially. I've had five or six cases with child... View More

answered on Mar 28, 2025
With notice to your parents, you can file suit to be emancipated. You will need to prove you have the financial ability to support yourself.
I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More

answered on Mar 25, 2025
The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.
The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More
I need to know if we can break our lease early due to harassment and stalking. My husband and I are currently on a lease in San Antonio, Texas, which started on February 15, 2025, and haven’t even been here three months. My mother is threatening to come and take our daughter from the property and... View More

answered on Apr 13, 2025
In Texas, tenants may be able to break their lease early if they feel unsafe due to harassment or stalking, but this usually depends on the specific circumstances and the terms of the lease. If the threats are serious and create an unsafe living environment, this may fall under the legal concept of... View More
I made a false report regarding a fight involving my partner and a friend in July 2024, which resulted in my partner being charged with domestic violence. We were both arrested on February 14, 2025, but my charges were dismissed, while my partner remains in jail. I can't communicate with him... View More

answered on Apr 13, 2025
First, it's important to understand that your partner’s situation might be complicated by the fact that you made a false report. Since your charges were dismissed, your partner could still be facing legal proceedings, possibly including bail hearings or charges related to domestic violence.... View More
I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More

answered on Mar 15, 2025
No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.
In your pending divorce case, you... View More
I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More

answered on Mar 13, 2025
I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More
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

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
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

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
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

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... View More
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

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
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

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... View More
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

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

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
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?

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
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.