Get free answers to your Domestic Violence legal questions from lawyers in your area.
I am an aunt of a child who is currently under CPS investigation. As a teacher, I am a mandated reporter but did not previously report any suspected child abuse due to believing the issues were more related to domestic abuse, based on several years of conversations with the child's mother.... View More 
I was arrested for domestic/family violence, but the case was dismissed in less than a month. Unfortunately, the arrest and report cannot be expunged for three years. I am a teacher assistant, and my license is currently under investigation by the Texas Education Agency (TEA). I have communicated... 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
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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
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
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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
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
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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... 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
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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
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?
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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
NA
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
I'm curious on why they relied on prior cases instead of technology.?
I'm interested to know more.
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
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
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
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?
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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
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... View More
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?.
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
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.
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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
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
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
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... View More
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
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.
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