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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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1 Answer | Asked in Domestic Violence for Texas on
Q: How can I get footage that will prove that I wasn’t there

I have all the evidence that I was in another city the entire day of the attack

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

Identify who has possession of video footage showing you in another city and serve them with a subpoena duces tecum to produce it.

2 Answers | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

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1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Texas on
Q: Hi, how can I print out a case to read if I'm not a lawyer
John Cucci Jr.
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answered on Feb 1, 2024

Each county in Texas has it's own website. On most web sites, you can get basic access to the court records of criminal cases. If the county you are concerned with does not have such access, you can go to the Clerk's office and ask for a print out of any charges against anyone.

Good Luck!

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
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answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Covid locked me in with my abuser just after I involved the law. I feel horrifically failed and broken. What can I do?

Ten years of being terrorized, i tried to leave before, he uses coercion, death threats, our child, and display of his wrath to keep me in his box. I decide I'll take my chances because ill die if i stay, press charges for felony assault, covid locks us down. He's 1000x worse because I... View More

James L. Arrasmith
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answered on Jan 2, 2024

In your situation, where you have faced prolonged domestic abuse and manipulation, it's crucial to seek immediate legal and protective assistance. Your safety and the safety of your child are of utmost importance.

Given the complexity of your case, involving domestic violence,...
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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I cannot afford a lawyer,left a domestic situation last year my stbx just got a lawyer are there any pro bono available?
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

Yes, there are a number of pro bono legal clinics throughout the State of Texas including in the Greater Houston area. Justia's listing for such pro bono services can be found at: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Texas on
Q: I’m a survivor of dv (domestic violence) and I moved out of state to tx after finding out he came to the same state.
Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Dec 13, 2023

You need to consult a family law attorney to determine the county you need to file, and whether you qualify for some type of protective order. You need to live in Texas at least 6 months to file the suit regarding your child.

1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.

Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: ASLT FAM/HH MEM W/PREV CONV Is the charge singed for 15 years. Goes up for parole in 2024

Doesn’t have any other convictions. Does he have a good chance at making parole? Would it be good to get a parole lawyer?

Daniel De La Garza
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answered on Nov 6, 2023

It's hard to answer this question without knowing more information but yes it's definitely a good idea to get a parole lawyer who will put together a parole packet for the Board to review.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My husband was arrested for assault household/ family member with previous conviction IAT in Texas.

He shoved me so hard that I fell and fractured my elbow. He was arrested and I had a friend drive me to the hospital. Will I have to go to court? How will anyone in the court know my elbow was fractured? How long does it take to get a court date in Brazos County? He emailed me and said he was being... View More

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

You understandably have a lot of questions which cannot be adequately answered in this forum. Your husband will need an attorney. Start calling lawyers in your area. Good luck.

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Texas on
Q: What can I do to defend myself when the two people, one who sexually assaulted and physically assaults are sheltered?

My mother knows that she been sheltering the person who sexual assaulted for years now and the other person has recently physically assaulted me. Both of them being under the same person.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

You should secure your own residence and not give your mother or either of the aggressors access to you at your home or workplace. Do not visit your mother’s home and, if you need to see her, use Zoom or a similar teleconferencing app or meet her in a public place. Leave immediately if you see... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: Code of Criminal Procedure 15.03 and 15.04. What magistrate in Lubbock takes criminal complaints?

I am trying to file a complaint as a civilian for Domestic Assault with a magistrate but I can't find a magistrate in Lubbock to take the complaint. The victim has over 30 pictures of injuries to include in the complaint.

Grant St Julian III
Grant St Julian III
answered on Sep 18, 2023

Contact local law enforcement/police, not a magistrate. Good luck.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Sexual Harassment for Texas on
Q: Wen arrested can P O denie u from getting ur own appointed lawyer or tell u that by force u have to get the lawyer they

Appoint u…. And wen talking on fone with family Can they stand next to u and listen to ur conversation and if they hear anything u say they dnt like Can they take the fone from u and hang up the fone from u

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

What you describe, in my opinion, is not illegal. Talk with your lawyer. Good luck

1 Answer | Asked in Civil Rights, Domestic Violence, Municipal Law and Small Claims for Texas on
Q: Is it illegal for my girl to have our car towed for no reason other than to anger me?

We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.

Thanks in andvance

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My grand daughter's ex boyfriend and father of her little girl is stalking, harassing and threatening to kill her.

She has filled harassment charges with the town in which she lives to no avail. She can't afford an attorney. What can she do? This man is crazy and scary!

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

If your granddaughter is being stalked in Texas, there are several options available to you and to your family. Here are some steps that can be taken:

File a police report: If the granddaughter is being stalked, the family should contact the police immediately. The police can investigate...
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