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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I need to get a divorce I have lived in Texas for 5 years I am a domestic abuse victim from Minnesota I am on SSDI

I have CPTSD as a result of my 20 year marriage - I have worked for over 35 years and am now homeless - I have not worked since my breakdown and hospitalization 2016 - I see a therapist 2 c a week - I think I can cope with what is needed to finally get a divorce - I am not seeking anything he can... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 7, 2021

Try contacting Legal Aid here: https://www.trla.org/domestic-violence-family-law

If that is the wrong branch, ask them for a referral to the proper location based on where you live.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I commit disaster fraud then accuse veteran owner of domestic protective order steal $17000.00

Why can't I file criminal charges for theft while accused

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 30, 2020

Contrary to what we see on television, crime victims don't really FILE criminal charges. What actually happens is citizens report offensive behavior to law enforcement officers and then they decide whether or not they have probable cause to believe a crime was committed within their... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

Take close a look at chapter 85 of the Family Code, especially Subchapter D near the bottom of the statute.

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.85.htm

You should hire a local FAMILY LAW attorney who has experience with Child Custody matters, especially those...
Read more »

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

The Family violence is a factor but short answer - can he - possibly. However, even if family court grants visitation, bond conditions from criminal court may prevent access. He is likely going to have to the Court that granted the PO to modify the PO to allow access.

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1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: May I request that Tolling begin from the end date of my completion of intensive Cognitive Behavioral Therapy?

Emotionally distraught from witnessing the aggravated kidnapping of my children 3 mts prior, I did not have the mental capacity to give an accurate testimony regarding domestic violence that frequently occurred in my home. He knew what absconding with our children would do to my emotional... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 17, 2020

Tolling what? The protective order? The duration of a Family Violence Protective Order is set at the time of the original order and it is not possible to extend an order through the modification process. However, it is possible to extend a protective order if it expires while the respondent is... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Protective Orders, does a custody order granted through a motion to modify the order expire with Protective Order.

Wouldn't the Custody Order supercede the Protective order per 85.009 of Texas family code? A Final protective order was granted against my ex on my daughter's behalf. I was named at the time to have exclusive possession. My ex filed a motion to modify the protective order asking that my... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 13, 2020

What your ex is saying about the order is not going to control the case obviously. However, in order to answer your question, I would have to see the actual orders, all of them, that have been entered in the case. You need to get those orders to a family lawyer quickly or you, your daughter and... Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: Please explain me how is it possible , that judge make rulings against petitioner in Domestic Violence Case?

Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 5, 2020

In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.

Evictions are paused in some jurisdictions because of...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Domestic Violence for Texas on
Q: Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

Regarding the (Texas Penal Code § 46.04. Unlawful Possession of Firearm)

While reading this law I noticed “ Texas’s firearm prohibition generally does not apply to people convicted of violent assaults against a current or former dating partner, unless the defendant has been married or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 3, 2020

The quoted text isn't the law. Rather, it is someone's interpretation of the law, and it is incomplete because the law also includes people who are parents of the same child regardless of marriage or dating history.

In addition to Texas law, you need to be 100% certain that you...
Read more »

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: My wife moved to P.R. with my daughter violating the geographic restriction

I was arrested on Mother’s Day for domestic violence, my ex told the police I hurt my daughter. The case was no billed. July she moved to Puerto Rico while our divorce was pending. We got it finalized in August. She suppose to have brought my daughter back to the states so I filed for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

Ask your family law attorney here in Texas if you should consult a family law attorney in Puerto Rico.

1 Answer | Asked in Domestic Violence for Texas on
Q: i was the victim of domestic violence, i am listed as the victim on the police report, but my ex girlfriend

i was the victim of domestic violence, i am listed as the victim on the police report, but my ex girlfriend was granted the protective order before i was she left me bodily injury 4 cuts along my arm and im trying to find out what my options are, and the detectives havent opened the case yet.... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 24, 2020

You could apply for a Family Violence protective order against her but that's probably not the best use of your time and money unless you've got plenty of both.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: A family member of mine was recently released on bond in the Dallas area on a domestic dispute with a assault charge,

Charged with assault and possession of deadly weapon. She had a knife jacket which was mistaken for a knife. Never had any history of run-in with the law. I am not sure what type of lawyer I would need. A Family lawyer or a criminal defense attorney?

Deandra M Grant
Deandra M Grant answered on Nov 11, 2020

Need to hire a criminal defense attorney ASAP. Call our office in Dallas to schedule an appointment. 972 943 8500

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I was recently engaged and I think my fiancé drugged me while he was staying at my house on a Saturday night.

The next day he took off in a big hurry when I started to wake up. I didn’t know what had happened at all. I just remember going to bed and when I woke up my bedding was everywhere in the room I felt like I had a horrible hangover although I had not drank. I filed a report with the police, they... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 9, 2020

If he sends multiple messages after you ask him to stop that can meet the criminal definition of Harassment. If he commits Harassment on multiple occasions that could satisfy the defition of Stalking, which would allow you to seek a lifetime protective order. I'm not sure the DA's... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Continuous family violence can the victim get any charges for continuously allowing the situation to happen?

My brother is facing 25 to life and i find it unfair that his girlfriend doesnt get any charges. She would show up at my moms doorstep the day after calling the police asking for my brother and theyd be back together until the next time an argument occured

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 7, 2020

The girlfriend would not be prosecuted for "allowing" herself to be victimized. Forgiving someone is not a crime.

1 Answer | Asked in Real Estate Law, Civil Rights and Domestic Violence for Texas on
Q: I'm a victim of sexual assault and need my EPO extended for 2 years. Also have property together and need help

We own a house together and he stole my car title that I bought. I've been gas lighted and don't know what to do

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

Consult with a local FAMILY LAW attorney about the possibility of getting a divorce.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Can you be arrested for interference with public duties just for being on the phone whereas I was the victim?

I was arrested on my property for interference with public duties just because I was on my phone. I told the officer the person I was on the phone with was the person that called them to ensure of my safety. They asked me to get off the phone and I dropped my phone to the side. I was told a couple... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 5, 2020

Yes, you can be arrested whenever an officer believes you committed a crime. Obviously, that belief might be wrong.

You can only be convicted if enter a plea of Guilty or No Contest or if the prosecution can prove every element of the offense beyond a reasonable doubt. If you were...
Read more »

1 Answer | Asked in Immigration Law and Domestic Violence for Texas on
Q: Self defense because of domestic violence

My sister got taken into custody because she fired a shot at her abusive boyfriend. His free but she got put in jail for shooting at him with a busted up face and bruises everywhere. They have a child together and police let him keep the kid. Neither parent (him or my sister) are legal. What are... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 2, 2020

There are situations in which the use of defensive force is allowed but the use of excessive force is NOT allowed. If the defendant is convicted, she will be permanantly barred from this country. She should hire the best defense attorney available in the county where the charges are pending.... Read more »

3 Answers | Asked in Criminal Law, Adoption and Domestic Violence for Texas on
Q: So, my question is complicated. I'm the "long lost" son of a murder victim. What info do I have access to, legally?

1979 my mom was was murdered. I was hidden away. Now i'm trying to find mugshots, news articles, transcripts...I am having trouble. What do I do?

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 19, 2020

If you know the name of the defendant you can find information related to the criminal case in the felony division of the District Clerk's office in the county that prosecuted the killer. Any transcripts are probably long gone unless the case was appealed and attorney who handled the appeal... Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: I am the Grandmother of four grandbabies, my daughter and her husband are both incarcerated for continuial sexual abuse

I am in the state of texas Houston, the children are now in foster care I want to have vistation with them, how do go about this. My daughters charges have been dropped from super aggraveted sexual assualt to child endangerment and indesinxey with a child, she is out on bail, but her husbands... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2020

This sounds like a question for a Family Law attorney who has experience dealing with the issues of Child Custody and Grandparent's Rights.

1 Answer | Asked in Domestic Violence for Texas on
Q: Do I have to pay bail bonds if they didn’t get me out on the day their paper works says and the DA dropped the case
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 15, 2020

It depends on your contract with the bail bond company. You may have engaged their services for an issue related to criminal law or domestic violence, but this is a question of CONTRACTS which is CIVIL law, not criminal.

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