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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Texas on
Q: The police got called out to a domistic violence crime I need to recant the statement how do I do that

This is my husband they have indicted him on assault charge and aggravated assault but that’s not what actually happened

Grant St Julian III
Grant St Julian III
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.

1 Answer | Asked in Personal Injury and Domestic Violence for Texas on
Q: My ex backed up his car and hit my body with his car. Can I file legal action?

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

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m 18 years old and I got into a fight with a 15 year old because she has been harassing me

she didn’t press any charges I did fight at a church I did throw the first punch and the last one, I don’t want to go to jail I’ve only been 18 for about 6 months, I want to know what’s going to happen to me

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2022

Do not talk to police. If you do, ask for a lawyer.

No matter what, do not admit anything.

You should be OK if you have not been arrested yet.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: Me my sister n my older niece r being charged for injury to a child, we r innocent n fighting it till jury cuz our

Brother is one who slapped his 11 year old daughter for running away when we found her with boyfriend, my sister needs charge dismissed right away to get her foster baby back if I take a plea could her charge be dismissed, I’ll sacrifice my in innocence for hers! Is that possible with a prosecutor

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

Anything is possible, but have this conversation with your lawyer before you do anything. Good luck.

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and White Collar Crime for Texas on
Q: How can I get a transcript of court proceedings in 1991 in Bell County Tx.? Also a copy of conviction in it's entirety i
Stephen A. Nicholas
Stephen A. Nicholas
answered on Sep 25, 2022

To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2022

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have some on my court report that I cannot make sense of. Can you help?
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2022

You would have to contact my office to make an appointment to review what you need.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I'm coming out of a domestic violence relationship and now CPS is involved and placed her with the danger. Need help

My ex has an assault charge and no contact order was put in place. He violated his no contact and now his bail is up and placed on GPS monitor. CPS got involved because of him and they have stupidly taken her from me and placed her with her father which is the danger. I really need some help please

Penny Wymyczak-White
Penny Wymyczak-White
answered on Aug 10, 2022

You need to retain a lawyer asap

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I need help I had a out of state warrant went to jail in Colorado in stead of being sent back to Texas I got out on bond

But still have a active warrant what now

Penny Wymyczak-White
Penny Wymyczak-White
answered on Aug 9, 2022

You need to call a Texas lawyer ASAP. The court should of gave you a time frame to go to Texas

1 Answer | Asked in Domestic Violence for Texas on
Q: How to fight false allegations of domestic violence and protective order with my son in it

I have been falsely accused of a domestic violent charge against my ex wife and want to show the court that she had many motives for her gain in doing so as well as evidence of her lies. I also have a 12 year old son in my protective order that is affecting mine and his life in a extremely negative... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Aug 7, 2022

You need to retain a lawyer. False allegations happen all the time

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Texas on
Q: Where can I find a probono attorney in the collin county area?

I have looked up several and none of them are actually probomo

Jose A. Ceja
Jose A. Ceja
answered on Jul 28, 2022

Hello-

If you can't afford a lawyer, your best bet may be to ask the court to appoint you an attorney. Typically the court will want you to fill out some paperwork swearing that you are indigent (have no money). Very few attorneys advertise themselves as "pro bono" and I...
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1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: How can I get a restraining order reversed because the order was filed against me based on true statements?

I cannot see my son and he has a restraining order on me that came with the custody paperwork, I think. I have a hearing on 8/2 or 8/9 to handle the temporary restraining order but I cannot go that long without my son. I have never been away from him that long. He claims I am unsafe with my son but... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jul 27, 2022

Retain a lawyer and maybe they can help you

1 Answer | Asked in Landlord - Tenant, Criminal Law, Family Law and Domestic Violence for Texas on
Q: I have a court date to be evicted from my home. By my daughter. From my home in town had a trespass report by lying

What can I do? I need help now

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2022

Sorry to hear about your problem.

If you have a court date set for your eviction, you need to act fast. If it is within the next few days, you can ask the judge to re-fix the court date, but they will only give you a week or two. There are some legal aid socities that help people who can...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I got a new PO and simply forgot about our meeting yesterday. What are the potential consequences?
Grant St Julian III
Grant St Julian III
answered on Aug 4, 2022

The potential consequences are revocation of probation and jail. Call your PO asap. Good luck.

4 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Do I have the ability to remove something on my record if it was just an arrest, and I wasn't convicted?

It's been years since this happened, but about 4 years ago I applied at HEB and was declined because of my "assault charge", is what they said. I know this has to be inaccurate because I was never charged, so I am curious what they saw on my background check?

Tristan Nicolas LeGrande
Tristan Nicolas LeGrande
answered on Jun 30, 2022

Yes. Under Chapter 55 of the TX Code of Criminal Procedure, you can petition a civil court to have many types of criminal history record information removed from their respective databases. This includes, but is not limited to, records of formal misdemeanor or felony charges. An attorney can assist... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I lied about assault and he got arrested but it wasn't true what do I do
Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 28, 2022

You could be arrested for filing a false police report. You need to tell the truth and hopefully they will dismiss his criminal case,

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Sister call cop said I hit her im at corner store can cops come in and detain me

And when arrived cop sees no visible markings never question my mom and detaining me never told me why what happened or anything just walked up behind me told me stand up turn around put your hands behind your back inside the store

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 24, 2022

The short answer is YES. I would not say that unless it were true. If the cop ID ed you, and there was an allegation by your sister, the cop had a job to do to at least talk to you. Detaining you was lawful for a very short period of time to inquire. The worst part is you do not know exactly what... View More

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2 Answers | Asked in Domestic Violence for Texas on
Q: If someone calls 911 and threatens to kill you, is that a terroristic threat in Texas?

A family member was drinking and was mad at me. They call 911 and accused me of beating a child (not true at all, police didn't even ask to see the child). The family member then threatened to kill me on the 911 call. Isn't that considered a terroristic threat, or at least domestic... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jun 19, 2022

Maybe. Maybe not. It depends on the context for the threat and the INTENT of the person making the threat rather than the feelings of the person who received the threat. For example, if the person's purpose was to motivate the 911 operator to send officers to a fake emergency it would be a... View More

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2 Answers | Asked in Criminal Law, Domestic Violence, International Law and Juvenile Law for Texas on
Q: My brother molested me when I was 13yrs old. Albert is 2 yes older. He did these sick acts for a few weeks. U told Mom

My brother stopped but not before he beat Dad up in the Shoe shop as I walked in back door after school seen Dad laying on floor and picked a shoe hammer up to fend Albert off of Dad. I cried then it was in high school days

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 18, 2022

What is your question, If you want to file charges file a police report,

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: What do I do if my son feels unsafe in his father's home? We are divorced.

I am a former domestic abuse survivor. I have been divorced from my abuser for 10 years now. We have 2 sons and my oldest has now been feeling unsafe in his father's home. It has gotten physical. We have joint custody but I don't know what to do to get my son away from his father. We have... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Jun 9, 2022

If you can not afford a lawyer you can try to file a motion to modify pro se.

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