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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

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 »

John Michael Frick
John Michael Frick
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.

2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

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 »

John Michael Frick
John Michael Frick
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 »

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2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

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 »

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Jan 6, 2023

There are not enough facts to answer your question. Did he go to trial or plea guilty .

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2 Answers | Asked in Divorce, Domestic Violence and Criminal Law for Texas on
Q: My soon to be ex husband is in jail. His parents have his truck. They are refusing to give it to me. What are my rights?

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?

John Michael Frick
John Michael Frick
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 »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My granddaughter has been in Tarrant County jail for 3 months. Her first court date has been rescheduled three times

Today it was rescheduled two months from now. She has a court appointed lawyer but he has yet to talk with her. Is there anything we can do

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 27, 2022

You need to retain a lawyer, It is not uncommon for the court date to be rescheduled but her court appointed lawyer should of went to visit her by now,

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can get a Misdemeanor off of my record that was dismissed back in 2012?
Jose A. Ceja
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Jose A. Ceja
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 »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My boyfriend of 8 years has been on the run for a year he was charged with assault and battery 2 counts

One dangerous weapon and great body harm on me I never pressed charges but the state did how do we go about getting this dismissed or thrown out

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 26, 2022

The first step is to retain a lawyer and get a bond, You can sign a waiver of prosecution and see if the state will dismiss the case, ,

2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: A situation happened where I was hit in the face with a door due to domestic dispute between my friend and her boyfriend

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 »

Kiele Linroth Pace
Kiele Linroth Pace
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 »

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1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Texas on
Q: Need help and assistance from lawyer legally help me to have my son abide by the house rules or move out of the house

i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 14, 2022

Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.

1 Answer | Asked in Domestic Violence for Texas on
Q: If state picked up a domestic case but I didn't press charges and he wasn't arrested for it can I do the case

He choked me and I left but he wasn't arrested but because the sheriff's got pictures state is investigating it but me and him are back together and I do not wish for it to proceed

Penny Wymyczak-White
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Penny Wymyczak-White
answered on Dec 13, 2022

He could still be arrested if they are still investigating , You can tell them that you do not want to file charges .

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

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.

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I request a drug test and psychological exam for my exes boyfriend who recently moved in with her and my 2yo?

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 »

John Michael Frick
John Michael Frick
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 »

1 Answer | Asked in Domestic Violence for Texas on
Q: Nobody was arrested on scene. Do this mean were in the clear?

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 »

Brian Marc Roberts
Brian Marc Roberts
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 »

1 Answer | Asked in Domestic Violence for Texas on
Q: Is domestic violence a felony or misdemeanor
Penny Wymyczak-White
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Penny Wymyczak-White
answered on Nov 30, 2022

It depends on the facts. I can be a Misdemeanor or a felony,

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

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.

Kiele Linroth Pace
Kiele Linroth Pace
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 »

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1 Answer | Asked in Domestic Violence for Texas on
Q: I have a charge of domestic violence charge felony charge ivenever been arrested at probation will they do a pee test
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 18, 2022

Yes, they could drug test you, retain an a lawyer asap,

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?

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 »

Kiele Linroth Pace
Kiele Linroth Pace
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 »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can i get a waiver of prosecution for a case that involves my child. i dont want to press charges

I need help finding who to get in contact with

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Nov 2, 2022

Retain a lawyer but because a child is involved they may not honor it

1 Answer | Asked in Animal / Dog Law, Domestic Violence and Small Claims for Texas on
Q: How can I obtain legal ownership of dogs shared with an ex-boyfriend who is withholding them to coerce me to stay?

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 »

John Michael Frick
John Michael Frick
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.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: Me my sister n my older niece r being charged for injury to a child, we r innocent n fighting it till jury cuz our

Brother is one who slapped his 11 year old daughter for running away when we found her with boyfriend, my sister needs charge dismissed right away to get her foster baby back if I take a plea could her charge be dismissed, I’ll sacrifice my in innocence for hers! Is that possible with a prosecutor

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

Anything is possible, but have this conversation with your lawyer before you do anything. Good luck.

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