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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Immigration Law and Domestic Violence for Texas on
Q: If I press charges can he press them back on me? ( I just wanna know if it’s better for me to Just stay quiet?)

Currently I’m 22 weeks pregnant. My husband & I got into an altercation, it got physical on both sides. Now I was trying to defend myself (he left a variation of bruises on me, him on the hand only had one). I would like to press charges on him but he threatened me, he said that if I press... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 6, 2020

Talk to a Texas-based immigration lawyer about whether or not deportation is a legitimate concern under current case law out of the 5th circuit as it relates to recklessness as a culpable mental state in the Texas assault statute.

A person can report a crime to law enforcement, but they...
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1 Answer | Asked in Domestic Violence for Texas on
Q: If you violated your domestic violence probation with a second domestic violence how long of jail will someone face?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 30, 2020

If probation is revoked on the initial charge then sentence was already specified (unless it was deferred adjudication in which case the entire punishment range is possible.)

The second one is a separate crime which could be charged as a third-degree felony because of the prior case. The...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Assault with intent to restrict or impede breath / circulation: bond amount and sentence prediction

they have prior family violence convictions?

F. Edward (Ed) Brown
F. Edward (Ed) Brown answered on Jun 29, 2020

Assault w/ impeding circulation is a felon in Texas could be enhance to next higher offense with prior felony convictions. You should consult with attorney and provide additional information.

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1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Texas on
Q: Can images and videos taken without authorization from my iPad be used as evidence in court?

My ex husband went through the photos in my iPad that I had sent with my daughter for summer visitation and is now using what he found to allege domestic violence in my household. He filed a temporary restraining order and a request for custody modification.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 25, 2020

If there is a criminal case relating to the alleged domestic abuse, there is a possibility of suppression under Article 38.23 of the Texas Code of Criminal Procedure based on Breach of Computer Security but that is a tight needle to thread based on the opinion in the Ruiz PDR last year from the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I was the victim of domestic violence case with a child in the house. If my ex is guilty. Will i face charges also?

It was an assault and battery by strangulation. No one pressed charges. My daughters was asleep in her room during the Incident. CPS was called I was cleared. Now that I have read I can face domestic abuse charges after his conviction due to my child being in the same home.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 21, 2020

CPS may step in to protect the child when the victim continues to share a home with the abuser because both parents have a duty to provide a violence-free environment for the children.

In larger cities, you can find FAMILY LAW attorneys who focus on fighting CPS. However, if you just...
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1 Answer | Asked in Domestic Violence for Texas on
Q: If my ex Is guilty to Domestic assault and battery with a child in the home at the time. Could I be charged with abuse?

This happened in Oklahoma At our at the time residence. My daughter was in her room sleeping.He’s being charged with domestic assault and battery by strangulation. 21 O.S 644 (J) CPS has also stepped in seen her released her back to me. With all this going on could I be charged for domestic abuse... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 21, 2020

Texas can't charge you with a crime for conduct that happened in Oklahoma, although Texas CPS might be concerned if you allowed the ex to live with you and the kids in Texas. If you are concerned with being charged with a crime by authorities in Oklahoma then re-post this question with the... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I had filed for a motion to transfer my case should I wait until I get approved to serve a copy to the petitioner

My child father is suing me for full custody of my son or visitation rights and he has never seen my son I also want to know if I do have a chance to terminate his parental rights cause he abandoned his child and has been charged with child endangerment and domestic violence against me and his... Read more »

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 19, 2020

If you filed a Motion to Transfer Venue, it will not be considered by the Judge until the other party is served and has an opportunity to respond.

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1 Answer | Asked in Domestic Violence for Texas on
Q: What would it look like if I recant

I am a victim of domestic violence in Texas. The charges are deadly conduct and assault causes bodily injury family member.

Arrangement hasn't happened yet. I had used funds from the victims compensation funds.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 16, 2020

If an innocent person is facing criminal charges then you should speak up. If there was a fight but the person charged with a crime was using force in self-defense, in defense of another, or in defense of property then you should speak up. Intentionally misleading the investigating officers is a... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: My son was arrested on a warrant that should have never been issued. The charges were dropped he did the court order

Class for anger. How can we prove this

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

Contact his criminal defense attorney. If he doesn't have one then hire one who takes cases in the county that issued the warrant.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: Will I be charged with assault causing bodily injury Family violence even if it was self-defense?

I was at my brother's house and his girlfriend's daughter (who was 17 at the time about 18) started being really mean to my 5yr old son. I told her to stop my brother told her to stop, and she didn't. She proceeded to get up and get in my face and push me into my brother's TV,... Read more »

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

You are free to hire a different lawyer if you don't like the one you've got. You can be arrested and charged with assaulting the Tooth Fairy. However, you will only be convicted if you take a plea because to win at trial, the prosecution must prove every element of the offense beyond a... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can a victim contact (video chat) a defendant while he's in jail when there's a protective order in place?

Not to entrap the defendant, just to simply talk.

Grant St Julian III
Grant St Julian III answered on Jun 6, 2020

The accused is under a court order to have no contact with the subject of the protective order. If that person responds to a video chat request from the alleged victim, the accused is subject to additional criminal charges. "They contacted ME first!" is not a defense to violation of a... Read more »

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1 Answer | Asked in Animal / Dog Law, Criminal Law and Domestic Violence for Texas on
Q: Where can I find the laws regarding emancipation of a dog.

I grew up in the backwoods up north, and wile growing up I’d seen people put down their own dogs at old age or for aggression. We have a dog that has bit me once in the past and has gotten more aggressive since then. He’s been a close pet for a long time, and I’d rather put him down myself if... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

The question text says "emancipation" but it seems like you are asking about "euthanization." If you are considering killing your pet please consult the law for CRUELTY TO NONLIVESTOCK ANIMALS which you can read at this URL:

see https://statutes.capitol.texas.gov/Docs/PE/htm/PE.42.htm#42.092

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: should i use a DV attorney from Genesis Shelter or the Family Place?

Trying to see which is a better fit for my situation- need legal representation for a child custody/ visitation situation where DV history is involved

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

Child custody is such an important matter that you should talk to multiple Family Law attorneys and hire the one you trust the most.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Would they have informed me if I violated the deferred prosecution terms when I sent in all of my paperwork?

Worried about my situation. In the "notes" section of my deferred prosecution agreement, it states that I "MUST obtain any evaluation within 2 months of the start of the DPA." I got it exactly a week after, and only a few days ago did I even notice this note. I'm almost... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

You can ask for confirmation of completion but they are often reluctant to do anything other than acknowledging receipt of your documentation. That said, although failing to get the assessment within the first 60 days is technically a violation, I have never seen them re-file on someone who... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Is ASLT FM/HM IMP BREATH/CIR charged as aggravated and/or 3G if you have a prior felony record in Texas?

Boyfriend will be accepting a plea of 4 years in TDC to ASLT FM/ IMP BREATH and unlawful restraint. Want to know if his charge will be categorized as 3G and/or aggravated. He does have a prior felony record in the state of Massachusetts. First assault charge though. It appears aggravated or non... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 20, 2020

The only way to know with any certainty is to consult the defendant's attorney. This offense is usually a third-degree felony but can be raised to a second-degree based on the defendant's criminal history. Aggravated assault is normally a second degree but can be raised to a first based... Read more »

2 Answers | Asked in Domestic Violence and Family Law for Texas on
Q: I am a victim of domestic violence should I get a protective order or wait until the alleged father take me to court?

I was able to escape and have been staying low key. He’s not on birth certificate. I’m so overwhelmed. He has cause me so much stress. Had to have my baby early. He’s a stalker, harasses me and is violent. I have made several police reports. There is a pending case now.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on May 17, 2020

If the father is directed family violence toward you in the past, and if you think that family violence is likely to occur in thee future, you should definitely get a protective order. You would be entitled to one under Texas law if those two criteria are met.

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1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I have 2 3rd degree felony one for family violence and one for insurance fraud and I bonded out they put me on pre trial

Probation and put me on a ankle monitor I thought that was for people that got a pr bond only

Kiele Linroth Pace
Kiele Linroth Pace answered on May 11, 2020

Electronic monitoring is explicitly listed as a potential condition of probation in chapter 42A of the Texas Code of Criminal Procedure.

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm#42A.301

2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: if someone wants to drop a domestic bodily injury in Texas can the state still press charges?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 8, 2020

Absolutely! The prosecutor makes the decision about whether or not to seek a conviction. The prosecutor is required to "consider" the opinion of the alleged victim, but in domestic assault cases, prosecutors often refuse to dismiss a case just because the alleged victim doesn't... Read more »

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2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: If person is arrested for assault on family member and charges werent pressed is it legal to issue a warrant
Kiele Linroth Pace
Kiele Linroth Pace answered on May 8, 2020

A warrant may be issued when there is probable cause to believe an offense occurred, so whether or not anyone pressed charges is irrelevant to the legality of a warrant. In a domestic assault case, the term "pressing charges" means the witness is helping the police and/or prosecutor... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: i feel my moms boyfriend is a threat to her & our family can i get him arrested if i call the cops or is it up to her?

so i’m 17 and my mom has a toxic boyfriend she is pregnant by him but he verbally abuses her, gets in her face, yells calling her worthless and lazy, says she’s not fit to be a women even though she is the only one that pays the bills, he threatened to wreck her car, her kids if they got into... Read more »

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

There may be a Family Law solution to your problem, but without actual physical violence, there isn’t a good solution under Criminal Law. Smoking marijuana is still illegal in Texas, but everyone knows it's just a matter of time before decriminalization so enforcement is lax, especially... Read more »

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