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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Civil Rights, Domestic Violence and Criminal Law for Texas on
Q: I have a warrant but would like to report domestic battery and harassment in Texas… can I report to police?

I have a warrant from not finishing probation a few years ago. I was convicted if trespassing. Just recently I’ve been abused my my ex physically and he’s currently stalking as well as harassing me on my new phone number. Is there anyway I can report to the cops and get my warrant cleared? I... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on May 23, 2022

You can make a police report but the police may arrest you because you have a open warrant

1 Answer | Asked in Domestic Violence for Texas on
Q: Can i carry a firearm in texas if i have a family violence charge? It is a Class A Misdemeanor. I plead no contest.

I received 1 year probation community supervision. It was around 2015 when all this happened. Am i able to own a firearm after the 5 year ban?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 19, 2022

No, it is a violation of federal law for you to possess a firearm or ammunition.

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: After being married for 40 yrs what am I entitled to as far as things we earned togethe a house and 61 acres that's paid

Off and about 22 head of cattle? And being verbally abused for 10 yrs?

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Regular verbal abuse doesn't count as domestic violence under Texas law but it can if it includes threats to inflict injury, pain, or property damage. Talk to your divorce lawyer.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: Can this no contact order from Arkansas be enforceable in Texas
Kiele Linroth Pace
Kiele Linroth Pace
answered on May 9, 2022

Yes, some of them are covered by an interstate agreement. See chapter 88 of the Texas Family Code. https://statutes.capitol.texas.gov/Docs/FA/htm/FA.88.htm

3 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: Victim file false police report

Hello so we hired a attorney and for the case we are wanting to present a grand jury package to the grand jury to favor in a no bill. But are lawyers are suggesting we do something called a examination trail instead can you tell me what that is ? And isn’t it done after indictment? The defendant... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Apr 23, 2022

There's no legal reason why you can't do both. There are, however, very practical reasons that should be taken into account. First, you have paid an attorney to represent you. That lawyer is in the best possible position to decide what to do with your case. Most criminal cases are charged... Read more »

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5 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I ask for my boyfriend not to be charged with domestic violence assault deadly weapon?

What if charges/warrant hasn’t been issued. I just don’t want to go through all the proceedings and want it to be over.

Vonnie Clay Dones III
PREMIUM
Vonnie Clay Dones III
answered on Apr 14, 2022

You can provide the prosecutor will a non-prosecution affidavit requesting that you do not wish for charges to be filed against your boyfriend if you are the alleged victim. However, it should be well written and you should consult your boyfriend's attorney regarding the language. A... Read more »

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2 Answers | Asked in Criminal Law, Domestic Violence, Health Care Law and Landlord - Tenant for Texas on
Q: Can you record a person without them knowing?

If I'm on the phone and use another device like ipad to record conversations, do i have to let the other person know I'm recording them and can I have a recording app on my phone to record my conversations?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Apr 3, 2022

In Texas only one person has to know that you are recording

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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: Bell County, TX Divorce proceedings due to my spouse false allegations of violence In settlement. lawsuit?

Bell County, Texas

Hello,

I filed divorce proceedings due to my spouse false allegations of domestic violence. I'm am a professional firefighter of 26 years. I can prove I wasn't there and she's lying. I was arrested, "forced" to retire due to financial... Read more »

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 12, 2022

Retain new cousel if you are unhappy, Domestic violence is a serious charge. If you can prove she was lying she could be charged with a false police report, You may be able to sue her for malicious prosecution if you are found not guilty,

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: What types of documents should I provide if there was a domestic violence case and the case is still open

And I have a child support hearing online coming up

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 11, 2022

Domestic violence has nothing to do with child support, It could be relevant to child custody or visitation,

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I'm meeting with a detective tomorrow regarding my ex who assaulted me. A lady I know who is coocoo called 911 on my ex

I know she told them it was me but it's her on the recordings. Can they know? How well do they listen to these? I figured she would HV checked that first

John Cucci Jr.
John Cucci Jr.
answered on Mar 2, 2022

Please be careful. Unless you are attempting to press charges on you Ex for assaulting you or abusing you, I would not talk to the police without a lawyer.

To answer you specific question: There is a way for an expert to determine if a voice on a recording is yours. The science has been...
Read more »

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1 Answer | Asked in Divorce, Domestic Violence, Public Benefits and Social Security for Texas on
Q: If I didn't know I had a no contact order because my husband has baby momma named Sheila and she did tiime b4 we got ma

Married for domestic violence. I got arrested for domestic violence in2018 .get out on bond and Covid hits.i get a warrant for not reporting to bail bonds.they drop aggregate assault and got me on a continuous family violence. My mom bond's me out.well my mom died Sept 22. I haven't... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

What to do depends on which jurisdiction the case was filed in. You should hire a criminal defense attorney who takes cases in the county where your case is pending and you should follow that attorney's advice about how to clear the warrant and defend the case.

1 Answer | Asked in Civil Rights, Domestic Violence and Small Claims for Texas on
Q: My ex has been destructive and abusive but I have no “proof” in Texas. What can I do legally to hold her accountable

I’ve lost thousands of dollars in property because in Texas “she’s allowed to break my things.” Including a laptop that I used for school and to support my livelihood through a small business. I’ve been displaced without a home or job, forced to abandon my car and property and fly to the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Feb 1, 2022

If you are not married then your stuff I not legally her stuff too, and therefore she commits the offense of Criminal Mischief if she decides to break it without your consent. That said, law enforcement isn't usually going to make an arrest in a situation like that unless (1) it is reported... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: No evidence in my file and it's almost trial
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 19, 2022

So? Were you expecting the police and prosecutors to put evidence in the public file? Ask your criminal defense attorney what evidence she has received in discovery and if she has everything she requested. She should be able to show it to you (except other witnesses' private information) and... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: What does M RVK/ASSLT FHM IMP B CIR stand for?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

My guess is: Motion to Revoke / Assault Family or Household Member, Impeding Breath or Circulation.

Unfortunately, there is no standard set of abbreviations and the only way to be 100% certain is to ask the office responsible for it... all anyone else can do is guess. The attorneys...
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1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
Read more »

1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Texas on
Q: After a family violence arrest can the right to purchase a firearm be reinstated?

My husband was arrested for a felony assault charge from his ex wife. The alleged assault was said to have happened when my husband supposedly closed a car door on his ex wife leg. This happened in 2011 right after their split. The alleged assault never happened and because of lack of evidence on... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Jan 1, 2022

An arrest which does not result in convictioin or probation will not keep your husband from purchasing and possessing a firearm.

1 Answer | Asked in Domestic Violence for Texas on
Q: If someone have dv charge and it gets dropped does the violation of an EPO get dropped as well?
Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 31, 2021

No, not automatically. They are separate crimes but the prosecutor could dismiss both charges if they wanted to.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I be extradited from OK Jail to TX jail if there is a in state only pick up warrant?

I might be going to county jail soon, and found out that I have a warrant in Texas that's in state pickup only. They tell me it's for EPO violation, and I have a court date set here for EPO hearing too. If the warrant is for in state only will they send me to Texas for that?

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Nov 11, 2021

When you received your probation in Texas, you probably, as a condition of that probation, waived your right to fight extradition from another state. The question is not will Oklahoma send you to Texas, the question is will Texas come to OK to bring you back here. This question cannot be answered... Read more »

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