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Texas Domestic Violence Questions & Answers
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.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a 4 yearold about her mom getting hit
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 22, 2020

Yes, she can be interviewed about what she saw even if she is too young to testify in court. Talk to your criminal defense attorney.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a warrant cops made me write a statement how do I recant?

Boyfriend and I had an argument it became physical and my friend called police they made me write a statement and say I wanted to press charges... He sees judge in morning I want to recant but how do I do this?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

Contact the District Attorney's office in the county where the case in question is pending and ask about filing an affidavit of non-prosecution. Clearing your warrant before you meet with the DA would be a good idea as well. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I recant a statement I felt I had to make against bf after argument got physical and friend called cops?

I have a warrant they didn't take me as long as I made a statement and said I would press charges now I regret it and want my bf home he has court in the morning and they filed a 30 day no contact order what do I do?

Grant St Julian III
Grant St Julian III answered on Sep 22, 2020

You may make any statement you desire; what the State does in response to any such statement is another matter. You cannot force dismissal of criminal charges or removal of a protective order. Talking with an attorney would help. Good luck

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can the cops question a four year old about assault on their mom
Grant St Julian III
Grant St Julian III answered on Sep 21, 2020

Police can ask anyone anything they want anytime anywhere. What can be done with the information and whether it will be admissible as evidence in any court proceeding is another issue. Talk with your attorney.

1 Answer | Asked in Domestic Violence for Texas on
Q: How do I stop abuse/harassment through the court system?

I have been stalked/harassed for over 8 years. I moved to Texas to get away from my stalker who resides in Missouri. For years he has subjected me to numerous depositions in which he used those to gather personal information from me. He has now filed another subpoena from out of state to further... Read more »

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

Consult a Missouri attorney about the possibility that you can have the person classified as a "vexatious litigant" ... I think that's what it's called in Texas anyway... There is probably some equivilant under Missouri law to describe a person who abuses the courts so perhaps... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I am the victim in this case, the defendant is my husband. Charged with felony family violence

He is on probation in Texas for six years. I received a 2 year protective order. He violated his probation by failing 2 drug screens (cocaine) he was arrested on 7/21, then released on a PR bond he is trying to reconcile, but he is a long time drug user.

on I docket, I see the... Read more »

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

It means the state filed an update to their motion to revoke. Check the court file in the District Clerk's office if you want to read the actual document. Alternatively, you could contact the District Attorney's office and ask to speak to the attorney assigned to the case... it is... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Does the state of Texas press charges for domestic violence?

my husband decided to beat me last night while intoxicated. Our oldest daughter heard everything and within minutes the cops were at our door. He went willingly and they had to take him. I spoke to officers and they asked me questions if he hit me if I was hurt to which I answered yes to. I said I... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 4, 2020

You should hire a LOCAL criminal defense attorney, and especially one that focuses on defending cases involving Family Violence. Avoid the cheap high-volume attorneys that take a lot of cases. They are cheap because they don't spend much time on each case and that's not how you get the... Read more »

1 Answer | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: can i get a protective order that was placed when i was 16 removed when i’m 18 in texas?

my mom found out back in 2019 that i was having sexual relations with a 19 year old when i was 16. she tried saying he had sexually assaulted me and i don’t know if she successfully got those charges pressed. considering he is not in jail i think she couldn’t since it was consensual. he is 3... Read more »

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

Yes, and also when you're 17 if the protective order was issued based on alleged sexual assault. On your 17th birthday, you became eligible to file an application with the court to rescind the protective order per Article 7A.07(b)(1) of the Texas Code of Criminal Procedure. After January 1,... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: I’m 17 and my sisters child’s father punched me in my face twice and hit my sister which is pregnant will he get charged

We’ve already made a report that we wanted to press charges

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 1, 2020

If the incident has already been reported it is now up to the police to decide when (and if) to pursue criminal charges.

1 Answer | Asked in Domestic Violence, Family Law and Personal Injury for Texas on
Q: I am a victim of domestic violence. My offender pleaded guilty to a class c misdeameanor. I want to sue him in civilct

I need references to an attorney that can help me. The abuse happened in his home in Desoto Texas.

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

If you want to sue for money damages then you're probably looking for an attorney who practices Personal Injury law.

A guilty plea to a Class C misdemeanor domestic violence may not, in and of itself, help you prove any significant monetary damages. There are two types of class C...
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2 Answers | Asked in Domestic Violence for Texas on
Q: I have a no contact order against somebody and he requested see a mutual animal
Matthew Williams
Matthew Williams answered on Aug 27, 2020

Sounds like he violated the no contact order...but you haven't asked a question.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Hi, I just had my academic records subpoenaed. Are they pulling these for witness protection? Or just for general info?

I am involved as a victim in an assault case. I hope this helps explain things better. I’m just wanting to know so I can calm my anxiety.

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

They don't put much effort into "witness protection" besides initially giving the alleged victim the information required by law and then later having the "victim services" counselors reach out in an attempt to convince you to help the prosecution... to this end (and... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Due to drugs abuse my sister won't press DV despite extensive abuse. TX Cops already took pics can State press charges?

Recent abuse ended up in a ride in an ambulance with broken back, marks on neck from choking, eyes swollen shut, severe facial bruising, etc. Police took pictures but he has manipulated her mind and she can't mentally escape his grasp. It is sad because the only thing that stopped him from... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2020

Prosecutors win murder cases without the testimony of the alleged victim. So yes, Yes, the state can (and often does) pursue a conviction for domestic assault without the help of the alleged victim. Here in Austin, county prosecutors will seek a Family Violence conviction even when the alleged... Read more »

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2 Answers | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Texas on
Q: I currently have a temporary protective order ex parte filed against my husband I am located in Texas. He begged to se

He begged to see our son, so I allowed him once with my supervision

Since I have the protective order in place, would I be in violation of it and could I be facing criminal charges for violating it as the protected party

He is now incarcerated For violating his probation, so I... Read more »

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

No, the order does not restrict the actions of the protected party. However, if you wish to deviate from the order in the future it would be wise to seek a modification so that your husband won't be in violation. It is the judge's order, not yours, so you don't have any authority... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How is someone able to get a person jail time for domestic violence with a restraining order drop the restraining order

When it’s convenient to do so then get mad at that person then reinstate the restraining order so that person’s probation is revoked repeatedly. It’s like the person is using the law and the persons arrests to their advantage when they are angry

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 28, 2020

The criminal justice system is generally slow. Exceptions were created to act quickly and with less proof in protective orders related to domestic violence. These cases are seen as more dangerous because a large number of murders involve intimate partners and in domestic violence situations, the... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: made a domestic report want to drop charges. If I don’t testify against him will it help?

We were intoxicated and got into a fight o didn’t say in the report I hit him but I started it and I want the charges dropped. He choked me that night and left me marks. Cops took pictures. Any way I can t try to drop it.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2020

If your truthful testimony would be that you committed assault against the defendant, then you have a 5th Amendment privilege against self-incrimination. The prosecutor can get around this by giving you immunity from prosecution but you should hire your own criminal defense attorney before... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: My husband threw me on the ground while yelling at me in front of my daughter. Police mandatory arrested him. Why?

He left the house and when he came back the sheriff was here still. The sheriff said that it was mandatory to arrest him. I can't remember the name of the charge and I can't find it online anywhere. Why was the arrest mandatory if I wasn't sure if I'm going to press charges yet.... Read more »

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

The arrest mandate may have been department policy. The law* says a peace officer MAY make an arrest without a warrant when he has probable cause to believe an offense involving family violence has occurred. However, it is quite common for law enforcement agencies to have a policy requiring that... Read more »

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