Texas Domestic Violence Questions & Answers
Q: Can I go to jail for using self defense on my pregnant younger sister? She has a history of being aggressive.
She is very aggressive and my parents have a history of calling the police on her acting violently. She instigated a fight when she threw something at my dog and when I tossed it back, she attacked me. It was very awkward because she kept punching me and I tried to only get her face, both of our... Read more »
You can be arrested and taken to jail for assaulting the Tooth Fairy but you can only be CONVICTED if the prosecution can prove every element of the offense beyond a reasonable doubt. Self defense is a justification for the use of force. When the issue is raised by testimony or other evidence, the... Read more »
Q: Can i do anything if my girlfriend's parents have guardianship over her. Will they have it since she has aspergers?
My girlfriend is 26 and has aspergers but lives in a abusive (domestic abuse) household. She has suffered this abuse since late elementary school from her parents, close family and so on. Now i want to help her move out but her mom demands that she can't and has threatened to call the police and... Read more »
I notice there are several practice areas flagged on this question. I will answer only with respect to Criminal Law and Domestic Violence. You'll need a Family Law attorney to answer the Guardianship issue ... and maybe also a therapist to figure out how you got emotionally invested in this... Read more »
Q: Yes hi it’s my first time getting in trouble i got charged with a misdemeanor A family violence and i gotten bonded out
Can they lock me up at court ? For my first time offense
The maximum penalty for a Class A Misdemeanor is one year in county jail and a fine up to $4,000.
If you are convicted of a misdemeanor crime of domestic violence then you permanently lose your 2nd Amendment rights to possess any firearm or ammunition and if you are not a US citizen you... Read more »
Q: Can I claim that I signed an affidavit of non-prosecution under duress and re-open my family violence case?
I am now divorced. My ex-husband was mostly verbal and psychologically abusive, at times physical. Dec. 2017 he was violent, angry and slapped my arms, pushed me into walls. Children were sleeping. I called 911, dispatcher told me wait outside. Female officer went inside with him, male officer... Read more »
A private citizen can't file a criminal case. You can report a crime to law enforcement in the county where the alleged incident occurred and the cops will investigate and decide whether or not to pursue a criminal case. There isn't much you can do about it if they decide against filing... Read more »
Q: First time family violence intent to cause bodily harm, with a video of her saying I hit her
We were arguing all day and cops kept telling her to press charges, she did because she was upset but tried dropping the charges because me and her didn't actually fight with each other. And now she wants to say she lied so that I don't go to jail but I told her not to do that. I was drunk at the... Read more »
What is your question?
The state must prove the contact caused injury or pain to support conviction for a class A misdemeanor assault. Physical contact that is offensive or provocative, but not painful, could be a class C misdemeanor... except a class C can't be based on a reckless act... Read more »
Q: My girl friend and niebors made up a story that wasn't true and on the paper work it say's Alex kolster her name Alexand
The niebor asulted me she already had marks on her previous day befor
The most important thing is that the accusation is false. The preexisting injury might also be important. Whether the paper says Alex or Alexandra literally does not matter at all. Furthermore, focusing on a little typo instead of the facts could make you seem guilty... so don't do that!... Read more »
Q: My wife and I was arguing and My wife accidentally hit me with a shovel when she threw it out of frustration
I told the sgt that I didn’t want to press charges and he said he had to make a report or he could get in trouble and that the state could press charges if they saw fit but that isn’t what I would like it wasn’t on purpose
If your wife did not intentionally hit you, an experience attorney should be able to get case dismiss if charge is file.
Your wife may have to speak with victim coordinator and confirm she acted in frustration.
Q: My Girlfriends mom could be going to jail for “abusing” her dog when it was abused by his previous owner
The dog was abused by his previous owner and they took care of him. Sadly he didn’t get any better and now they are trying to get her in jail for abusing the dog. They have clue where the actual owner is. Can they really put my girlfriends mom in jail for such accusation? Again, they payed for... Read more »
You can be arrested for assaulting the Tooth Fairy if an officer convinces a judge that there is "probable cause" to believe you did it. However, they would need proof "beyond a reasonable doubt" to actually win a conviction so if she fights the charge and tells her side she has a chance. If she... Read more »
Q: Can a 17 year old face charges or get in trouble for leaving home and living with someone else?
If a 17 year old leaves home, can they be persecuted in Texas? If they are living in a non dangerous environment and the people they are living with are willing to take them in. Is there different laws for this in different towns in Texas?
The people the 17 year old is living with could be prosecuted for the crime of Harboring a Runaway Child.
See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.25.htm#25.06
Q: How do I get my 21 yo daughter out of her dad's house w/her stuff safely?
He is very controlling and possibly violent as he was abusive to me when married. She says he has become unstable and she is afraid now. She wants out and needs help to move her things out. She knows that he would either break things, block her way or just become a "mess" so that she can't move... Read more »
If you and she are concerned about her safety, then she should get out of there and leave the stuff. Otherwise, you might be able to get a restraining order.
Q: Can I file on my own or should I hire an attorney?
My husband is incarcerated, we have 2 small children and he is now threatening me accusing me for him being incarcerated. Who/How can I talk to about obtaining legal & full custody of my kids as well as protection from him not knowing where we stay. I have police reports from abuse and violence... Read more »
You should hire an attorney especially since you are in fear of your safety. Good luck.
Q: I made the mistake of allowingmy ex fiance access to our daughter and since then he's refused to allow me to even speak
To her much less see her. He has been abusive in the past and I've never pressed charges becauseI loved him what canI do? He purposely causes emotional trauma in my daughter and doesn't properly care for her.
You should hire a local Family Law attorney to pursue a formal custody agreement.
Q: I have been cohabiting with my fiancé with my kids for 3 yrs. He abused me now wants me out of our home. Filed a PO.
Can he kick me out?! He pays my car payment and tells me he’s not allowing me to take anything. Do I have any legal rights?
My question to you is who owns the home, and what time of home is it? Also, it sounds like leaving is the best thing to do. Usually in the initial protective order, called an ex parte protective order, there is a "kick-out" order, kicking the abuser out until the hearing.
Q: Why would a lawyer purposefully and willfully purger himself during a case?
During his own statements of his own actions for the case, he described his own events. Thus, admitting to breaking procedural rules, to violating ABA ethical rules, to knowingly making false-statements (since he also attached evidence to the counter), and to willfully obstructing justice on the... Read more »
It can be difficult for any person to truly understand their own motivations so obviously we can only make assumptions about the motivations of others.
We can probably assume that if an attorney is actually testifying under oath about the facts that means there is a good chance that... Read more »
Q: Hey if I get in a fight with my girlfriends step dad and I'm 16 will I get charges pressed on me?
He is texting me that "i know where he lives just saying" and "when I think I can take come try"
The short answer is, it is possible. You would go to a juvenile court, though. Don't talk to the stepdad and let the dust settle.
Q: In the state of Texas how much time can someone get for domestic violence on first charge
There are different degrees of assault, and there are additional consequences if there is a finding of finding of domestic violence. A class c misdemeanor is punishable by fine only. A class a misdemeanor is punishable by confinement in jail for up to one year. A third degree felony is... Read more »
Q: If you’re a victim of domestic assault can you correct your statement?
Yes, but if you are trying to help the defendant it is probably a good idea to talk to the defense attorney first.
Be aware that it is a crime to tell lies to a cop when you know they are investigating a crime.
Also be aware that whether or not to dismiss a case is the... Read more »
Q: If someone was arrested for domestic violence and charged with a felony, can they still obtain a CHL?
Can they buy guns still and take the test for the CHL and can they be around schools.
Arrested or Convicted? Federal law prohibits anyone convicted of even a misdemeanor crime of domestic violence from EVER being in possession of a firearm or ammunition. Straight probation counts as a conviction.
If the person was arrested for domestic violence and the case is still... Read more »
Q: Can you get a no contact order if your spouse is in a different state?
Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »
Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?
I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »
The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »
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