When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,
is the Respondent now the considered the Petitioner in the Motion?
Is the general rule that the person who brings the Motion for anything considered the Petitioner?
My... Read more »
answered on May 5, 2023
The party who files a motion is commonly called the Movant.
The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by... Read more »
While an epo was in place asking what should I do
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answered on Apr 6, 2023
It seems like you are referring to an Order of protection. While it may seem odd, your lawyer is allowed to reach-out to the person who is the subject of the order of protection. You can NOT talk to or contact the person who is named as the "victiim" in your case. Your lawyer is allowed... Read more »
Estar enferma
De COVID
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answered on Apr 6, 2023
Si ha recibido una orden de deportación por no asistir a una audiencia programada, es posible que pueda apelar la decisión si puede demostrar que su ausencia fue debido a una enfermedad grave, como COVID-19.
Para apelar, deberá presentar una moción de reconsideración ante el tribunal... Read more »
In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... Read more »
answered on Feb 2, 2023
The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.
You need a family lawyer experienced with CPS cases to advise and assist... Read more »
Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... Read more »
answered on Jan 25, 2023
If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.
she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... Read more »
answered on Jan 6, 2023
You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... Read more »
I filed for divorce last month. but we are still in the process and are still technically married. he is in jail due to abuse towards me. Can i pick up the truck from his parents house while he’s in jail? and if so, should I bring an officer with me to pick it up?
answered on Jan 4, 2023
If the title to the truck is in your husband's name, it is presumed to be subject to his sole management, control and disposition. Tex. Fam. Code 3.104. Therefore, if he has authorized his parents to possess and use the truck, his parents have a superior right to possession of the truck... Read more »
answered on Dec 27, 2022
If it was dismissed, you are *probably* eligible for an expunction.
An expunction is a legal procedure that results in all records of the arrest being destroyed. Once your expunction is done, criminal records searches should not show a record of the arrest (right now it likely shows that... Read more »
I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... Read more »
answered on Dec 22, 2022
It sounds like your "friend" has now committed the felony of Tampering With a Witness against you. See Section 36.05 of the Texas Penal Code.
It may be in your best interest to stay away from these people. Depending on which jurisdiction put you on probation and when, it may... Read more »
Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.
answered on Dec 8, 2022
Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.
If you think contemporaneous text messages are inconsistent with what she will say, you should... Read more »
We are about to go to court for an SACPR where the custodial parent has requested a drug screening and psychological exam for me, among many other requests. Am I allowed to request the same of her recently moved in boyfriend? I have concerns because he has a criminal history that includes arrests... Read more »
answered on Dec 5, 2022
You can request them, but be prepared to pay for them. A basic psychological exam will cost you about $5,000. That will not include any testimony.
The facts asserted by you in your question suggest you likely don’t need them. Your money would be better spent hiring a competent attorney... Read more »
The girl I was dating had struck my face while we were out after an argument. we both took seperate ubers back to her place where I had my dog and, clothes, car keys which I needed. There was a good amount of alcohol involved. Police were called but nobody was arrested. I told them about the... Read more »
answered on Dec 5, 2022
The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In... Read more »
I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.
answered on Nov 23, 2022
You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... Read more »
I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... Read more »
answered on Nov 17, 2022
The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... Read more »
In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... Read more »
answered on Oct 26, 2022
Since the dogs were given to you both, you own them as tenants in common.
You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.
answered on Oct 17, 2022
Yes. A magistrate's order of emergency protection (MOEP) and/or bond conditions can be modified. Typically the judge will want to hear from the complaining witness. You should consult with a criminal attorney before attempting to do anything on your own.
I believed my ex was stalking me, I walked over to him in his car to ask if he was. He ignored me and put headphones on, I walked behind his car to talk to a man next to the parking spot. I asked him, "I think this guy is stalking me... what should I do?" But as I asked the question my... Read more »
answered on Oct 16, 2022
Yes, you can file a lawsuit to recover your:
Past and future medical expenses
Lost wages for time you couldn’t work
Conscious pain and suffering
Past and future mental anguish
if any, caused by the bodily injuries you suffered as a result of being hit by... Read more »
My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... Read more »
answered on Sep 26, 2022
In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.
Filing joint tax returns as a married couple is direct... Read more »
answered on Sep 25, 2022
To obtain a transcript, contact the court reporter if the court in which the case was heard. That would be the starting point for the transcript. 31 years is a long time to retain a transcript, depending on the type of case & what happened in the case (appeals, etc.). A copy of the conviction,... Read more »
I have looked up several and none of them are actually probomo
answered on Jul 28, 2022
You may try the Collin County Bar Association. They may have a program that family law attorneys in that area use to provide pro bono representation in certain family law cases.
Absent a program as described above, most Family Law attorneys do not provide pro bono services.
Unless... Read more »
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