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Texas Domestic Violence Questions & Answers
3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

Refraining from the use of intoxicating substances is typically a condition of probation.

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1 Answer | Asked in Domestic Violence for Texas on
Q: Can you get a licence to carry a firearm or purchase a firearm if your case gets dismissed for domestic violence?
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

As long as "dismissed" actually means DISMISSED rather than Deferred Adjudication... because Deferred Adjudication counts as a conviction for LTC purposes.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My exHusband is being accused of sexual battery by his current wife & has been arrested, I have no idea how 2help
Roy Lee Warren
Roy Lee Warren answered on Oct 8, 2019

Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and... Read more »

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2 Answers | Asked in Domestic Violence for Texas on
Q: where can I find a motion to modify or dismiss a protective order
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 24, 2019

Your best bet is to simply go back to the attorney who helped you apply for the protective order.

Absent that, you can identify a protective order case with a success modification and go to the clerk's office and ask to look at the court's file. It is a public record so you can make a...
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1 Answer | Asked in Domestic Violence for Texas on
Q: My brother was never served restraining order

He lives in another state so I checked on line with the court system and it said the notice was unexecuted and it has another court date and it states “deadline to complete matter”? What does this mean?

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 23, 2019

It might mean the court is considering dismissing for want of prosecution but that is just a guess. If you want an accurate answeryou'll have to ask the court that posted the information about the meaning.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should I do? This has gone on long enough

I turned myself in and was arrested on March 29 on bogus stalking charges, I bonded out and I have never been given a court date nor have I ever seen a judge and I call once a week to check in like I’m required to do, in the process of this my ex and his girlfriend have tried to put a protective... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 23, 2019

This question is marked both Texas and South Carolina so I'm assuming the protective order was filed in Texas but that you live in North Carolina. If my assumption is wrong you can ignore the remainder of this response and you should re-post the question with information clarifying the applicable... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Boyfriend tried to strangle me. I have pictures of my injuries. This happened a couple of months ago.

This happened in march of this year 2019. Will DA or police take it seriously if I make a report?

Jon R. Boyd
Jon R. Boyd answered on Sep 17, 2019

You should file an Application for Protective Order. You may usually do so through the County District Atty Office at no charge or you can retain

You waiting 6 mos to complain does not help your credibility but you may have good reason for not having reported it earlier, I can't tell from...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will police report saying she told me she had protective order dropped and called me help in dismissing the order

I was arrested for violating the protective order. Ex girlfriend stated to police she had the order dropped and called me to pick her up the order will be a year old in December. How affective will this police report be in my motion for dismissal? I was never arrested for family violence or... Read more »

Grant St Julian III
Grant St Julian III answered on Sep 16, 2019

Your girlfriend does not have the power to void a protective order; the only person who can do that is the Judge who issued the order. In my experience, what she told you will have no effect on the new criminal charges. Start calling local lawyers. Good luck.

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1 Answer | Asked in Domestic Violence for Texas on
Q: My husband and I have been together for 20 years, he abuses me physically and mentally. We have four children together.

I have cervical cancer. He is verbally abusive to me,I'm afraid because he owns guns he has a bad temper. How can I make him leave the house?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2019

Physical abuse can justify a Family Violence Protective Order but verbal abuse is not enough on its own.

You should contact a Divorce Attorney because there may be other solutions in Family Law.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: Can I go to jail for using self defense on my pregnant younger sister? She has a history of being aggressive.

She is very aggressive and my parents have a history of calling the police on her acting violently. She instigated a fight when she threw something at my dog and when I tossed it back, she attacked me. It was very awkward because she kept punching me and I tried to only get her face, both of our... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 15, 2019

You can be arrested and taken to jail for assaulting the Tooth Fairy but you can only be CONVICTED if the prosecution can prove every element of the offense beyond a reasonable doubt. Self defense is a justification for the use of force. When the issue is raised by testimony or other evidence, the... Read more »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: Can i do anything if my girlfriend's parents have guardianship over her. Will they have it since she has aspergers?

My girlfriend is 26 and has aspergers but lives in a abusive (domestic abuse) household. She has suffered this abuse since late elementary school from her parents, close family and so on. Now i want to help her move out but her mom demands that she can't and has threatened to call the police and... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2019

I notice there are several practice areas flagged on this question. I will answer only with respect to Criminal Law and Domestic Violence. You'll need a Family Law attorney to answer the Guardianship issue ... and maybe also a therapist to figure out how you got emotionally invested in this... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Yes hi it’s my first time getting in trouble i got charged with a misdemeanor A family violence and i gotten bonded out

Can they lock me up at court ? For my first time offense

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2019

The maximum penalty for a Class A Misdemeanor is one year in county jail and a fine up to $4,000.

If you are convicted of a misdemeanor crime of domestic violence then you permanently lose your 2nd Amendment rights to possess any firearm or ammunition and if you are not a US citizen you...
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1 Answer | Asked in Domestic Violence for Texas on
Q: Can I claim that I signed an affidavit of non-prosecution under duress and re-open my family violence case?

I am now divorced. My ex-husband was mostly verbal and psychologically abusive, at times physical. Dec. 2017 he was violent, angry and slapped my arms, pushed me into walls. Children were sleeping. I called 911, dispatcher told me wait outside. Female officer went inside with him, male officer... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 1, 2019

A private citizen can't file a criminal case. You can report a crime to law enforcement in the county where the alleged incident occurred and the cops will investigate and decide whether or not to pursue a criminal case. There isn't much you can do about it if they decide against filing... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: First time family violence intent to cause bodily harm, with a video of her saying I hit her

We were arguing all day and cops kept telling her to press charges, she did because she was upset but tried dropping the charges because me and her didn't actually fight with each other. And now she wants to say she lied so that I don't go to jail but I told her not to do that. I was drunk at the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2019

What is your question?

The state must prove the contact caused injury or pain to support conviction for a class A misdemeanor assault. Physical contact that is offensive or provocative, but not painful, could be a class C misdemeanor... except a class C can't be based on a reckless act...
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1 Answer | Asked in Domestic Violence for Texas on
Q: My girl friend and niebors made up a story that wasn't true and on the paper work it say's Alex kolster her name Alexand

The niebor asulted me she already had marks on her previous day befor

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 17, 2019

The most important thing is that the accusation is false. The preexisting injury might also be important. Whether the paper says Alex or Alexandra literally does not matter at all. Furthermore, focusing on a little typo instead of the facts could make you seem guilty... so don't do that!... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My wife and I was arguing and My wife accidentally hit me with a shovel when she threw it out of frustration

I told the sgt that I didn’t want to press charges and he said he had to make a report or he could get in trouble and that the state could press charges if they saw fit but that isn’t what I would like it wasn’t on purpose

F. Edward (Ed) Brown
F. Edward (Ed) Brown answered on Jul 16, 2019

If your wife did not intentionally hit you, an experience attorney should be able to get case dismiss if charge is file.

Your wife may have to speak with victim coordinator and confirm she acted in frustration.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My Girlfriends mom could be going to jail for “abusing” her dog when it was abused by his previous owner

The dog was abused by his previous owner and they took care of him. Sadly he didn’t get any better and now they are trying to get her in jail for abusing the dog. They have clue where the actual owner is. Can they really put my girlfriends mom in jail for such accusation? Again, they payed for... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 12, 2019

You can be arrested for assaulting the Tooth Fairy if an officer convinces a judge that there is "probable cause" to believe you did it. However, they would need proof "beyond a reasonable doubt" to actually win a conviction so if she fights the charge and tells her side she has a chance. If she... Read more »

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Texas on
Q: Can a 17 year old face charges or get in trouble for leaving home and living with someone else?

If a 17 year old leaves home, can they be persecuted in Texas? If they are living in a non dangerous environment and the people they are living with are willing to take them in. Is there different laws for this in different towns in Texas?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 12, 2019

The people the 17 year old is living with could be prosecuted for the crime of Harboring a Runaway Child.

See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.06

3 Answers | Asked in Family Law and Domestic Violence for Texas on
Q: How do I get my 21 yo daughter out of her dad's house w/her stuff safely?

He is very controlling and possibly violent as he was abusive to me when married. She says he has become unstable and she is afraid now. She wants out and needs help to move her things out. She knows that he would either break things, block her way or just become a "mess" so that she can't move... Read more »

Robert Allen Thornton
Robert Allen Thornton answered on Jul 10, 2019

If you and she are concerned about her safety, then she should get out of there and leave the stuff. Otherwise, you might be able to get a restraining order.

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1 Answer | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I file on my own or should I hire an attorney?

My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jul 9, 2019

You should hire an attorney especially since you are in fear of your safety. Good luck.

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