The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a... View More

You theoretically can sue those responsible if the cyberbullying, harassment, and stalking satisfy the elements of a cognizable legal theory of recovery.

These tend to be very difficult cases to prove. In addition to proving the bad acts and exactly who committed them, you should... View More

It is highly unlikely you will receive pro se assistance on an FHA case against a City or any government employees. The City itself, and any employees of the City sued in their official capacity or for actions taken in their official capacity, are most likely immune from a suit under the FHA.... View More

No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.

In your pending divorce case, you... View More

I do believe that your arrest was unlawful, if there are no other facts applicable to the interaction and arrest.

In Texas, an arrest of an individual, without a warrant, is presumed to be unlawful. This presumption, is triggered in a criminal court case, when the accused files a Motion... View More

If there was in fact no warrant, it seems likely that your arrest was illegal. If there was in fact a warrant, then it is likely your arrest was legal.

It is not required that the officers "understand" the warrant or "have details about" it. It is not dispositive that... View More

Theoretically you can appeal. You will need to prove that your child did not decline to allow the search. Asking for a parent to be present is irrelevant as that request was denied by the school, which the school has the right to do. It is similarly not important that your child was not aware of... View More

If you are going alone, I would bring a video camera.

Your only concern is trespassing. If you protest in the form of "picketing" you can do so all you want. The key is to keep moving. As long as you keep moving, you can protest, carry signs, yell-out your grievances, and ask for... View More

Many cities require special permits to protest. "Attempting to notify local authorities" is not usually sufficient. Usually, you must complete a form and submit it in advance of the planned protest and receive the permit. With the appropriate permit, you can protest on a public... View More

In order to assert a claim for discrimination based upon a "disability," you would need to prove that the interviewer was aware of your disease, that your disease constitutes a "disability" (i.e. a physical impairment that substantially limits your ability to perform major life... View More

You can pursue a bill of review if you can prove that your failure to appear or answer was the result of extrinsic fraud or official mistake without any negligence on your part and the time to pursue other remedies (like a motion to set aside the default judgment) elapsed before you first acquired... View More

I would have to say it is not a Federal civil rights violation. The main reason is that Federal Civil Rights Violations must include a federal right or entitlement, taken from you, or violated, by someone acting "under color of state law or state actor."

Thus, If you come in my... View More

First, you need to identify the people who have hacked into your information and interfered with your treatment. This is not the job of a lawyer. It could be the job of law enforcement or a private investigator who specializes in cyber security.

Second, you need to gather evidence of how... View More

Not out of the blue.

If you are a litigant in a case, or have been subpoenaed for discovery in a case, a judge can advise you that you could be held in contempt for violating a subpoena or court order and that the penalty for contempt includes jail time.

As an example, you mention... View More

Yes, there could be a lawsuit. Bring the videotape of the incident to a lawyer who practices in the area of civil rights law in or near the county where the incident occurred. One of the very best dealing with civil rights cases against law enforcement officers is S. Lee Merritt.

As the... View More

If a judgment was entered more than four years ago, the time to file a bill of review has passed. But if the other party got a judgment against you and hasn't done anything to try to collect it for the last ten years, they may simply have written it off as uncollectible.

I note that... View More

Actually, in a motor vehicle collision case, you cannot file a lawsuit against the other driver's insurance company. That is called a 'direct action' and is not permissible under Texas law. A few other states do allow such a 'direct action' against the insurance company,... View More

How does the case cited USA v. Lopez have anything to do with the land patent claims?

If you received a $50 million inheritance, it is highly unlikely an attorney would take a case such as you describe on a contingency fee. If police and the Texas AG can't prove deed fraud in your... View More

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answered on Jan 13, 2025

So was there a warrant for the blood draw, but the blood draw took place before the warrant was actually signed? I need more information to better answer your question. Nowadays where search warrants are sworn out over the phone, and fax machines are employed - mistakes in procedure can happen. The... View More

The Sixth Amended applies both before and after 180 days. There is nothing magical about 180 days.

If you have been arrested and jailed for a felony, you must be indicted within 180 days or the State must release you on a personal recognizance bond.