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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Texas on
Q: I would like to get a protective order against my cousin

She said I had 30 days to move out she doesn't live here

Then

she called back and said I'm taking you to a mental place I will fight you shove you into my car

Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 27, 2019

You'll need more than an unpleasant conversation to qualify for a protective order. The "threat" you described lacks the degree of imminence necessary to qualify as Family Violence pursuant to Section 71.004(1) of the Texas Family Code.

1 Answer | Asked in Domestic Violence for Texas on
Q: I suffer verbal abuse at home every day , is there anyway I could be granted emancipation at the age of 17 in Houston
Kiele Linroth Pace
Kiele Linroth Pace answered on Nov 19, 2019

Try re-posting your question with the tags for "Family Law" and "Juvenile Law" instead of "Domestic Violence."

Verbal Abuse is unpleasant, but it is not violence.

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Received waiver for I751 due to violence, Can i still apply for citizenship after a divorce

I got my conditional green card in 2016. i applied for a waiver to remove contion in 2018 as a result of domestic violence and this was approved. presently it has been 3years of been a green card holder can i apply for citizenship or i have to wait for 5 years because presently i am divorce from my... Read more »

Adan Vega
Adan Vega answered on Nov 12, 2019

In your scenario, the spousal naturalization provisions are applicable if the conditions on the resident status are removed based on an approved battery or extreme cruelty waiver of the joint filing requirement for Petition to Remove Conditions on Residence (FORM I-751). In these types of cases you... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I get a marriage assault bodily injury charge put on me instead of my wife?

I admitted to the officer that I hit my wife in the altercation her and I had, so the Officer said to me that someone has to go to jail and I said it's going to be me (the husband) that's going into jail because I admitted to hit my wife but the officer took my wife to jail instead when it should... Read more »

Jon R. Boyd
Jon R. Boyd answered on Nov 3, 2019

Ok, interesting Bc:

1. In 40 yrs I have NEVER had anyone ask this question!

2. You do NOT want to do what you’re asking.

3. No, you cannot make them change it to you.

4. When you get divorced, hire a lawyer.

Good luck.

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1 Answer | Asked in Family Law and Domestic Violence for Texas on
Q: My 16 year old girlfriend is being beaten by her mother. She only has me to stay with.

Her other family is also abusive, and we are both the same age, and my family wants her to stay with us. She wants the help, but we have no clue on how to ensure she can stay with us.

Rahlita D. Thornton
Rahlita D. Thornton answered on Oct 27, 2019

Has this conduct been reported to the police and CPS? If not, that would be the first things to do. CPS could set up a plan for her and CPS could consider your parents instead of foster parent(s) for her care. Of course there is no guarantee. But, violence should be addressed by the authorities.... Read more »

3 Answers | Asked in Civil Litigation, Criminal Law, Domestic Violence and Mergers & Acquisitions for Texas on
Q: Court ordered drug test at probation office

What are they for ....

How can results be shared

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

Refraining from the use of intoxicating substances is typically a condition of probation.

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1 Answer | Asked in Domestic Violence for Texas on
Q: Can you get a licence to carry a firearm or purchase a firearm if your case gets dismissed for domestic violence?
Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2019

As long as "dismissed" actually means DISMISSED rather than Deferred Adjudication... because Deferred Adjudication counts as a conviction for LTC purposes.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: My exHusband is being accused of sexual battery by his current wife & has been arrested, I have no idea how 2help
Roy Lee Warren
Roy Lee Warren answered on Oct 8, 2019

Thanks for your question and I am sorry for the situation. IF YOU HAVE THE RESOURCES TO ASSIST HIM WITH BAIL, that would be the most immediate help. Hiring a lawyer would also be in his best interest. If you speak with him from the jail remind him telephone calls are subject to being recorded and... Read more »

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2 Answers | Asked in Domestic Violence for Texas on
Q: where can I find a motion to modify or dismiss a protective order
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 24, 2019

Your best bet is to simply go back to the attorney who helped you apply for the protective order.

Absent that, you can identify a protective order case with a success modification and go to the clerk's office and ask to look at the court's file. It is a public record so you can make a...
Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: My brother was never served restraining order

He lives in another state so I checked on line with the court system and it said the notice was unexecuted and it has another court date and it states “deadline to complete matter”? What does this mean?

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 23, 2019

It might mean the court is considering dismissing for want of prosecution but that is just a guess. If you want an accurate answeryou'll have to ask the court that posted the information about the meaning.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What should I do? This has gone on long enough

I turned myself in and was arrested on March 29 on bogus stalking charges, I bonded out and I have never been given a court date nor have I ever seen a judge and I call once a week to check in like I’m required to do, in the process of this my ex and his girlfriend have tried to put a protective... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 23, 2019

This question is marked both Texas and South Carolina so I'm assuming the protective order was filed in Texas but that you live in North Carolina. If my assumption is wrong you can ignore the remainder of this response and you should re-post the question with information clarifying the applicable... Read more »

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Boyfriend tried to strangle me. I have pictures of my injuries. This happened a couple of months ago.

This happened in march of this year 2019. Will DA or police take it seriously if I make a report?

Jon R. Boyd
Jon R. Boyd answered on Sep 17, 2019

You should file an Application for Protective Order. You may usually do so through the County District Atty Office at no charge or you can retain

You waiting 6 mos to complain does not help your credibility but you may have good reason for not having reported it earlier, I can't tell from...
Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will police report saying she told me she had protective order dropped and called me help in dismissing the order

I was arrested for violating the protective order. Ex girlfriend stated to police she had the order dropped and called me to pick her up the order will be a year old in December. How affective will this police report be in my motion for dismissal? I was never arrested for family violence or... Read more »

Grant St Julian III
Grant St Julian III answered on Sep 16, 2019

Your girlfriend does not have the power to void a protective order; the only person who can do that is the Judge who issued the order. In my experience, what she told you will have no effect on the new criminal charges. Start calling local lawyers. Good luck.

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1 Answer | Asked in Domestic Violence for Texas on
Q: My husband and I have been together for 20 years, he abuses me physically and mentally. We have four children together.

I have cervical cancer. He is verbally abusive to me,I'm afraid because he owns guns he has a bad temper. How can I make him leave the house?

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 27, 2019

Physical abuse can justify a Family Violence Protective Order but verbal abuse is not enough on its own.

You should contact a Divorce Attorney because there may be other solutions in Family Law.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
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 »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 15, 2019

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 »

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
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 »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2019

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 »

1 Answer | Asked in Domestic Violence for Texas on
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

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 6, 2019

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 »

1 Answer | Asked in Domestic Violence for Texas on
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 »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 1, 2019

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 »

1 Answer | Asked in Domestic Violence for Texas on
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 »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 26, 2019

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 »

1 Answer | Asked in Domestic Violence for Texas on
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

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 17, 2019

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 »

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