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Texas Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

The result of a criminal case will depend on the quality of the prosecutor's evidence, the skill and diligence of the defense attorney, and some degree of luck. You can't control the evidence or the luck, but you can hire a better defense attorney. On average, expensive attorneys get... Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: I was arrested for verbal domestic violence in New Jersey but it was dropped Can I have that expunged from my record?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

The law of New Jersey will determine your expunction eligibility, even if you are currently in Texas. Attorneys are licensed per state, and this Justia website shows the questions to attorneys by state so it is likely that only Texas attorneys will see your question because the location is marked... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My ex says she is going to take me to court for the gifts she gave me. She thinks I should have to pay for them.

8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What can I do to drop domestic violence charge with previous convictions ?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

You can ask the District Attorney's office to dismiss the case and perhaps even sign an affidavit of nonprosecution. However, it is the prosecutor's duty to decide whether or not to seek a conviction and they often decide to move forward in domestic violence cases against the wishes of... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Should I put on my application that I was arrested for domestic violence for a correctional officer job in Alaska.

I was arrested 2 times for 3 different cases. The first was 01/2017 and the second was two charges on 01/2018. All cases were dropped due to insufficient evidence or dismissed. The first happened in California and the 2nd happened in Hunt county Texas.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

This question is best answered by an Employment Law attorney in Alaska. In Texas, arrest records are public information that appears on a background check until or unless they have been properly expunged... and dismissed cases are not automatically expunged. You'd need to ask a California... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I m a single mom,son's father, has extensive background/domestic+. Affected severely by stroke,filed for modification

The original court agreement required his son to supervise first third and fifth weekend of the month when my son turned three. His son agreed, however that has yet to happen and my son is now 6. They have maybe seen him 15 12 to 15 times in a period of 3 years now. So my son cries on the few times... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 18, 2021

You can't control his behavior but you can ask your Family Law attorney if anything can be done to modify the custody arrangement.

1 Answer | Asked in Domestic Violence, Immigration Law and Landlord - Tenant for Texas on
Q: Can I terminate my lease if there is a domestic violence charge against me?

I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2021

Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What happens if a person is out on bond for assault family violence charge and got a failure to appear warrent?

My fiance just bailed out on an assault family violence charge and now he has a failure to appear warrent. And possibly other pending charges,. He also moved states while on bond

Kiele Linroth Pace
Kiele Linroth Pace answered on May 11, 2021

I'm not 100% clear on what you are asking but I notice that this question is asked from California about Texas law. Moving out of state is not necessarily a violation of bond. It depends on the conditions of bond. There are some conditions required by the judge and other conditons that are... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: An ex-girlfriend is making allegations that I had sexual relations with one of her friends which is completely false.

She harasses me by phone and leaves threatening voicemails with lots of profanity. I have not made any attempts to make contact with her. Should I?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Who cares if you had sex with her friend? That isn't illegal. If you don't want anything to do with her then you should probably just block her on your phone and on social media.

If it becomes unbearable then you could call law enforcement on the non-emergency number and ask for...
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1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

1 Answer | Asked in Domestic Violence, Sexual Harassment and Civil Litigation for Texas on
Q: I received a sexually explicit video against my will and consent. What can I do to pursue the sender?

I was in a highly abusive relationship with a mentally unstable woman (wasn’t aware of her issues at the time).

One day she threatened to show me a video of her and a former sexual partner.

I refused and she caused a huge fight where she attempted to assault me, and we both ended... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Just delete her messages and block her on all platforms. Trying to make a legal case out of something like that will only prolong your misery.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2021

There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.

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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Texas on
Q: Your legal Rights have been taken away by state and Federal laws paid for by large corporations?

I went to Ask for Help with a Legal Firm about A Case regarding My Health and Access to my Personal Medical Records!

I explain my case to the Lawyer assistant and a couple days later I Got a Letter Citating this on The Information!

"You have a Case and is known as statues of... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2021

The statute of limitations is a deadline to start a case or forever lose the right to start. It makes it so someone can't bring a case against you for something that happened a long time ago. You can get a general idea about by reading the Wikipedia page but for specifics, you'll need... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Q: If I come back to Texas can I file domestic charges on my partner if it happened in another state?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 25, 2021

No, because jurisdiction for criminal cases depends on where the offense occurred.

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Texas on
Q: I live in Texas - and I am needing a way to seal/expunge a closed civil case - Application for Protective Order.

My ex-gf filed an application for protective order against me - and falsified the allegations completely. The Judge denied the application for protective order. So luckily - this is behind me - however, I REALLY want to seal this - so that I don't show up on the county courthouse search... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 21, 2021

Hire an attorney or research Rule 76a of the Texas Rules of Civil Procedure. Be aware that a Family Violence protective order is based on the Family Code but a Stalking or Sexual Assault protective order originates in the Code of Criminal Procedure.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Why has my lawyer not disclosed pending aggravated domestic charge and previous epo against my wife in temp custody?

V

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: If I never filed a report for family violence due to being scared to do so at the time am I still able to put in a PO?

I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.

Anyway, the primary issues for this type of...
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1 Answer | Asked in Domestic Violence for Texas on
Q: Can I sue to recover for damages and monetary funds from a Male withNarcissistic Personality Disorder

This male is an ex boyfriend who manipulated and used my past domestic issues to coerce me into giving him money and purchasing expensive items for him. We split up 3 months ago and recently I was diagnosed with am aneurysm.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 2, 2021

You can sue Santa Clause but it's no use unless the person you sued is able to pay if you win. But suppose he is able to pay... I'm not sure what the cause of action would be. You are considering suing someone with a mental disorder for the way they behave BECAUSE of their mental... Read more »

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