No, the order is not void, but it is potentially voidable. If your attorney filed a special appearance, the question of personal jurisdiction was presented to the court. It then became incumbent on you through your attorney to set your special appearance for hearing and to secure a ruling from... View More

The jail staff probably does not know who the friend's lawyer is. In most cases, only the friend would know because the friend is the person who hired the lawyer.

If the friend has not hired a lawyer, you need to ask the friend whether he completed a form proving that he is indigent... View More

There is an entire body of case law concerning civil liability for motor vehicle collisions occurring during a police chase. There is no question that you will be legally responsible in full or in part for your own injuries and damages. It is, however, possible that police could also be legally... View More

If you have the case information or case #, you can call the clerk of the court to get the address to mail a change of address. There is also a system called PACER, which is the update and filing system used by the Federal courts.

Try both ways I have explained, and you should be able to... View More

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