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Texas Domestic Violence Questions & Answers
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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1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: I am a victim of domestic violence, my husband has been charged twice out of montgomery county and currently has a

Protective order and gps monitor to prevent him from coming to his house. He said he filed for divorce but I have not been served. I'm looking for affordable legal help as I haven't worked in 3 years and finally start a job tomorrow.

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

I am not sure of you exact question, but call the local Bar Association if you need legal representation and cannot it. Good luck.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I was in emotional destress from mental abuse and allegedly harassed the abuser, can I get charged with harassment?

If in a state of emotional distress and mental anguish from mental abuse, can I get charged for allegedly harassing or stalking the abuser because I allegedly called 300 times and allegedly was parked down the street? No threats of violence or intent.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Unfortunately, the past experience with someone does not shield you from getting a criminal charge with that same person being the "victim."

The past may be part of your defense in court, but is not a free pass.

I hope this helps.

2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Texas on
Q: A person got a restraining order against me (unbeknownst to me) in another state, drove across state lines.

After arriving at my home and staying for 7 days, she baited me into an argument and called the police to report that I had physically assaulted her- which didn’t happen. Even though I was never served nor aware of the restraining order, I was still arrested and charged with misdemeanor... View More

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

You may be able to sue the woman who baited you into the argument and falsely claimed you physically assaulted her for malicious prosecution. If you prevail, you may be able to recover any compensable damages you sustained (e.g. lost wages while you were in jail, the cost of any bond, attorney... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: There was 3 charges back in October of 2011 that were all misdemeanors. Is there a statute of limitation in texas?

Charges were domestic violence, unlawful restraint, and terroristic threat. All accusations were fabricated and in the discovery was absolutely no evidence of any factual statements. The courts have already tried dropping the terroristic threats and the unlawful restraints but the domestic... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

To answer your direct question: yes, there IS a statute of limitation in Texas BUT the statute of limitations is satisfied once the charging instrument is filed by the State with the court. The statute of limitations does not deal with delay is resolving a case once it has been filed. The... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Cps showed up after I had my nose broken in a domestic violence incident. Told me that I was not a perpetrator in the

Not a perpetrator in the case. Asked me to take a drug test which I failed....what are they going to do?

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

After a failed drug test, CPS may take a number of steps. These could include:

Developing a Safety Plan: CPS might create a plan with actions that you need to follow to ensure your child's safety. This could include things like drug treatment, counseling, or participation in other...
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1 Answer | Asked in Criminal Law, Animal / Dog Law and Domestic Violence for Texas on
Q: How do I get my service animal back from my ex who stole her from me after having me arrested and restraining order

He has been putting his hands on me for a yr and he kidnapped my service dog after he had me arrested for defending myself for the first time ever she is registered to me I have had her 6yrs I have only been with him a yr

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

Send a letter demanding the return of your dog, then file a suit for replevin in a justice of the peace court where your ex lives

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Texas on
Q: if an 18 year old male and a 16 year old female fight who would be in the wrong?
John Michael Frick
John Michael Frick
answered on May 30, 2023

It depends on the facts and circumstances leading up to the fight.

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: I'm the Respondent in the Original Petition filing a Motion into the case. Am I the Petitioner in the Motion?

When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,

is the Respondent now the considered the Petitioner in the Motion?

Is the general rule that the person who brings the Motion for anything considered the Petitioner?

My... View More

John Michael Frick
John Michael Frick
answered on May 5, 2023

The party who files a motion is commonly called the Movant.

The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by...
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1 Answer | Asked in Divorce, Domestic Violence and Sexual Harassment for Texas on
Q: I Just had last minute surgery. Court is Tues. I was never told a new hearing date for continuance. How can I file then?

Pro se- Efile in Texas. Only order given was of a final hearing April 11 that was post marked March 22. I called multiple times explaining the ordeal and just getting transferred and not helped. I also need more time for evidence and legal.

John Michael Frick
John Michael Frick
answered on Apr 10, 2023

You need to file a verified motion for continuance attaching an affidavit or sworn declaration detailing the medical issue and necessity for your surgery. It would be beneficial to attach sufficient medical records to demonstrate your procedure is not elective and cannot wait.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I have an attorney that would contact my victim to get in contact with me in jail to discuss my case while Epo was in pl

While an epo was in place asking what should I do

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

It seems like you are referring to an Order of protection. While it may seem odd, your lawyer is allowed to reach-out to the person who is the subject of the order of protection. You can NOT talk to or contact the person who is named as the "victiim" in your case. Your lawyer is allowed... View More

1 Answer | Asked in Domestic Violence for Texas on
Q: My son was charged with family violence I need to ask questions about it I am the alleged victim he did not hit me

We were having an argument and he was just trying to get me out of his face but they filed family violence on him and it wasn't family violence he did not assault me he just put his hands on my neck to move me backwards

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 5, 2023

There should be a body cam on what you told the police. He needs a criminal defense lawyer

2 Answers | Asked in Immigration Law, Appeals / Appellate Law and Domestic Violence for Texas on
Q: Me dieron orden de deportación desde el día3 de marzo por no acudir a una audiencia el día 1 de marzo puedo apelar por

Estar enferma

De COVID

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Si ha recibido una orden de deportación por no asistir a una audiencia programada, es posible que pueda apelar la decisión si puede demostrar que su ausencia fue debido a una enfermedad grave, como COVID-19.

Para apelar, deberá presentar una moción de reconsideración ante el tribunal...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What can I do about my ex husband trying to claim he is too ill for child support?

My ex husband was an abuser that drinks & abused substances. I tried to leave with my kids that I solely provided for. He would threaten to kill us every time & we could never get out. In 2014 we finally got divorced (thanks to a pushy mistress) & he still wouldn't let us go. He... View More

Jonathan Tanaka
Jonathan Tanaka
answered on Apr 4, 2023

The attorney general's office should be able to work on getting that back for you -- I would recommend reaching out to them. Before doing so, make sure you have a copy of the divorce decree so you can provide them with the cause number.

I wish you all the best!

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Texas on
Q: What can happen in Texas to a man who is an MMA fighter and assaults his wife using a "trained move" and breaks her leg?

My sister was attacked in a public space by her husband (in process for divorce) who is a trained MMA fighter. He broke her leg and left her in a parking lot. Details are currently being gathered but from what we know:

-bar was closed (2am)

-both were drinking

-husband... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 6, 2023

He should be charged with a felony and she should get a protective order

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... View More

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

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... View More

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