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 
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
I filed for divorce last month. but we are still in the process and are still technically married. he is in jail due to abuse towards me. Can i pick up the truck from his parents house while he’s in jail? and if so, should I bring an officer with me to pick it up?
answered on Jan 4, 2023
If the title to the truck is in your husband's name, it is presumed to be subject to his sole management, control and disposition. Tex. Fam. Code 3.104. Therefore, if he has authorized his parents to possess and use the truck, his parents have a superior right to possession of the truck... View More
answered on Dec 27, 2022
If it was dismissed, you are *probably* eligible for an expunction.
An expunction is a legal procedure that results in all records of the arrest being destroyed. Once your expunction is done, criminal records searches should not show a record of the arrest (right now it likely shows that... View More
One dangerous weapon and great body harm on me I never pressed charges but the state did how do we go about getting this dismissed or thrown out
answered on Dec 26, 2022
The first step is to retain a lawyer and get a bond, You can sign a waiver of prosecution and see if the state will dismiss the case, ,
I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... View More
answered on Dec 22, 2022
It sounds like your "friend" has now committed the felony of Tampering With a Witness against you. See Section 36.05 of the Texas Penal Code.
It may be in your best interest to stay away from these people. Depending on which jurisdiction put you on probation and when, it may... View More
i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... View More
answered on Dec 14, 2022
Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.
Today it was rescheduled two months from now. She has a court appointed lawyer but he has yet to talk with her. Is there anything we can do
answered on Dec 27, 2022
You need to retain a lawyer, It is not uncommon for the court date to be rescheduled but her court appointed lawyer should of went to visit her by now,
He choked me and I left but he wasn't arrested but because the sheriff's got pictures state is investigating it but me and him are back together and I do not wish for it to proceed
answered on Dec 13, 2022
He could still be arrested if they are still investigating , You can tell them that you do not want to file charges .
Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.
answered on Dec 8, 2022
Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.
If you think contemporaneous text messages are inconsistent with what she will say, you should... View More
We are about to go to court for an SACPR where the custodial parent has requested a drug screening and psychological exam for me, among many other requests. Am I allowed to request the same of her recently moved in boyfriend? I have concerns because he has a criminal history that includes arrests... View More
answered on Dec 5, 2022
You can request them, but be prepared to pay for them. A basic psychological exam will cost you about $5,000. That will not include any testimony.
The facts asserted by you in your question suggest you likely don’t need them. Your money would be better spent hiring a competent attorney... View More
The girl I was dating had struck my face while we were out after an argument. we both took seperate ubers back to her place where I had my dog and, clothes, car keys which I needed. There was a good amount of alcohol involved. Police were called but nobody was arrested. I told them about the... View More
answered on Dec 5, 2022
The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In... View More
answered on Nov 30, 2022
It depends on the facts. I can be a Misdemeanor or a felony,
I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.
answered on Nov 23, 2022
You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... View More
answered on Nov 18, 2022
Yes, they could drug test you, retain an a lawyer asap,
I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... View More
answered on Nov 17, 2022
The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... View More
I need help finding who to get in contact with
answered on Nov 2, 2022
Retain a lawyer but because a child is involved they may not honor it
In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... View More
answered on Oct 26, 2022
Since the dogs were given to you both, you own them as tenants in common.
You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.
answered on Oct 17, 2022
Yes. A magistrate's order of emergency protection (MOEP) and/or bond conditions can be modified. Typically the judge will want to hear from the complaining witness. You should consult with a criminal attorney before attempting to do anything on your own.
This is my husband they have indicted him on assault charge and aggravated assault but that’s not what actually happened
answered on Oct 20, 2022
Contact the District Attorney's office in the county where the case against your husband was filed and ask about filing an affidavit of non-prosecution. Calling his attorney may help. Good luck.
I believed my ex was stalking me, I walked over to him in his car to ask if he was. He ignored me and put headphones on, I walked behind his car to talk to a man next to the parking spot. I asked him, "I think this guy is stalking me... what should I do?" But as I asked the question my... View More
answered on Oct 16, 2022
Yes, you can file a lawsuit to recover your:
Past and future medical expenses
Lost wages for time you couldn’t work
Conscious pain and suffering
Past and future mental anguish
if any, caused by the bodily injuries you suffered as a result of being hit by... View More
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