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Texas Domestic Violence Questions & Answers
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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0 Answers | Asked in Domestic Violence and Landlord - Tenant for Texas on
Q: I was evicted by my ex who at the time was on bond for family violence for the 3rd time. He tried evicting me the first

& I was told my EPO trumped his eviction, however this time the judge who magistrated him gave him advice to evict me , & when he didn't show up the judge modified my protective order and said he allowed him on the property but not in the House. How come the epo didn't trump his... View More

0 Answers | Asked in Criminal Law, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: Type of lawyer needed if my ex husband along with some neighbors are harassing me, I feel unsafe inmy own house

My neighbor tried to break into my garage, and my husband is monitoring me. The neighbor threatened me, and when I called the cops, a female constable arrived. My neighbor told her that he did not threaten me, that he only told me to go inside my house and pray, and that I was mentally ill—a... View More

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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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Domestic Violence for Texas on
Q: assault family violence case where I was arrested even though I’m the victim. I have provided my court appointed attorne

attorney with multiple videos of her coming up and hitting me unprovoked and being the aggressor every time and I’m still being punished. It seems like he’s helping the DA instead of me. What can I do? I also have multiple witnesses who are ready to testify against her and he’s basically... View More

Madolyn García Falone
Madolyn García Falone
answered on Sep 7, 2024

If your court-appointed attorney isn't giving you a defense you're comfortable with, then you're absolutely free to hire a private criminal defense attorney. No attorney-- appointed or private-- will be able to guarantee any particular outcome. That said, because you get to choose... View More

1 Answer | Asked in Contracts, Criminal Law, Domestic Violence and Landlord - Tenant for Texas on
Q: I have a 5 yr PO; I’d like to get out of my lease. My dad is a co-signer on my apartment; will they go after him?

I have a 5 year protective order, I lived in this apartment with my abuser and want to move out. He no longer lives there; however I fear he may send people my way- and I would like to live somewhere he can’t pursue me. My dad is a co-signer on my lease but NOT a resident- will they go after him?... View More

Michelle  Lugo
Michelle Lugo
answered on Sep 6, 2024

If your Dad is a cosigner on the lease, they can contractually pursue him for any amounts agreed to in the lease, including any attorneys' fees incurred by the complex owner(s) pursuing the damages suffered as a result of the broken lease. That stated, you should consult with a landlord... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can a family assault strangulation charge charge/worsen if the victim is a minor and he’s still awaiting pre trial

he is 25 and i am 17 we’ve been together for a year and i did not call it in it was a traffic stop where i was bleeding and found in the car with him. he also got caught with hard drugs. i said i did not want to press charges but the state did anyways

Madolyn García Falone
Madolyn García Falone
answered on Aug 14, 2024

If by "we've been together for a year" you mean that you, then 16, and he, then 24, have been in a sexual relationship, then yes-- things can certainly get worse for him because he can be charged with various sexual crimes against a minor. I can picture the charges being aggravated... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: Am I able to sue my c.l.husband, his dad, his friends for stealing , trashing and ruining my belongings while I was out

Of town? Then to keep me from filing criminal charges for what they had done my c.l. husband had sent me pictures of a 2015 Dodge Challenger Hellcat SRT with the 6.2 supercharged engine in it and told me that it was mine all mine he hoped I loved it. He has refused to give me the title for it all... View More

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

You can file a divorce proceeding against your husband and include these claims in your divorce proceeding. You should contact an experienced attorney who practices in the area of family law or divorce in or near the county where you and your husband live.

You don't mention exactly...
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2 Answers | Asked in Family Law, Domestic Violence, Civil Litigation and Civil Rights for Texas on
Q: What can I do to protect myself, my pets and my belongings from an angry vindictive boyfriend that I live with?

I've lived with my bf for over a year. Whenever we argue he kicks me out..sometimes for days. I have to sleep in my car with my two dogs. I dont work so I have no money. Sometimes I'm stuck for days without food or anyway to communicate with anyone (he takes my phone) . He also throws... View More

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

While you can get a protective order from physical violence and the destruction of your property, that will require you and your boyfriend to live apart.

Legally, it sounds like the best thing for you to do is to secure a job, find another place to live, get your license reinstated, and...
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1 Answer | Asked in Domestic Violence for Texas on
Q: I was arrested 7 months ago on a domestic. No charges have been filed. No injuries. Is this a civil rights case.

Been on bond. Divorced her. Have done everything I was told to do

John Michael Frick
John Michael Frick
answered on Jul 1, 2024

It doesn't appear to be a civil rights case.

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Texas on
Q: How can revoke the granting of a power of attorney?

How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: In Texas, can I remove my child from a dangerous environment (home of my ex-wife’s convicted felon BF)

During ex-wife’s periods of possession they stay at their home w/ BF overnight (not restricted in our div decree), or on weekends they stay with him at his home 250 miles away in DFW. My 10 y/o son just told me with certainty that the BF has been smoking marijuana around him in both homes and... View More

John Michael Frick
John Michael Frick
answered on Jun 21, 2024

Because you have an existing court order and a new case seeking primary custody, you need to file a motion for temporary orders or, if there is an imminent threat to your child, a motion for a TRO. The facts stated in your question do not justify your violation of an existing court order in my... View More

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1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

John Michael Frick
John Michael Frick
answered on Jun 17, 2024

With respect to the criminal charge, if you are indigent, you will receive a court-appointed attorney.

Since you maintain that you are innocent of the charges, you should secure a hair follicle drug test as soon as possible to corroborate your testimony that the drugs were planted and do...
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1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Family Law for Texas on
Q: Can my husband put me.in jail lying to police saying I did drugs planting them on me in my sleep

My husband, diagnosed as a clinical psychopath since his youth, has controlled me for 25 years. He limits my access to money, forces me to handle all financial responsibilities, and threatens eviction if I don't comply. Despite supporting him through addiction treatments and legal issues,... View More

Vonnie Clay Dones III
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Vonnie Clay Dones III
answered on Jun 17, 2024

It is unfortunate that your husband would do such a thing after supporting him for 25 years. You will need to hire an attorney to argue your legal defense and obtain the best possible outcome which should be the dismissal of your case under the provided facts and circumstances. If you do not have... View More

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