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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Texas on
Q: My boyfriend was charged with ASSLT FAM/HOUSEHOLD MEM W/PREV CONV and is on parole...how much time could he be facing

even if I did not press charges...

Herman Martinez
Herman Martinez answered on Jan 28, 2020

The assault charge you mention typically has a range of punishment of 2-10 years in TDC. If he has one prior TDC trip it can be increased to 2-20 years. If he has two separate TDC trips he could be facing 25-life. I want to be clear that I am not saying he will do the enumerated time. In fact, he... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I recently received a letter concerning basically not reporting to my PO. I contacted my pre trial PO today.

She told me that I was supposed to have called her November the 17th. Of 2019. I did but had to leave a message. I then called her in December and had to leave a message. Will my bond be revoked? I'm scared. This is my first time having a court date to explain as to why I didn't report. My bail... Read more »

Get your criminal defense attorney involved to advocate on your behalf.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He... Read more »

The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If a phone was found with 5 different sets of DNA could that evidence be used in court?

aggrivated offenders only having to serve a third of their time? Is that true ?

Test results showing DNA from 5 people on a phone might be good evidence if your intention was to show that multiple people came into contact with that particular phone.

1 Answer | Asked in Domestic Violence for Texas on
Q: i am 14 and i have a 19 year old step brother he grabbed me by the back of my hoddie and threw me on the floor

i was in my parents bed room with my step sister and my little sister who is 2 he kept trying to wake us up but we told him it was too early that we dont wake up at that time so he got water and put it on my face and i thought my little baby sister was him so i grabbed her by the hair and he... Read more »

You didn't ask a question. Was it OK? No, it wasn't. Was it illegal? Maybe.

If he was responsible for your welfare. That is to say, if he was in the role of babysitter, then it was probably NOT a crime because it is legal to use physical force to discipline a child under the age of...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can I call the DA and help my exes new wifes domestic family assault case?

my ex beat me up bad, lied and got custody. Long history of violence. His father always got him out of trouble but even still has a pretty violent record. He beats up all his girlfriends so bad they leave. He and I had a child together, his only child. He went to the court when I left one night to... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 3, 2020

Sure you can reach out to the DAs office. Let them know you will assist them in any way possible. Hope all works out.

1 Answer | Asked in Domestic Violence for Texas on
Q: Why would a victim of domestic violence be arrested? I live in Texas

My mom who is 83 has dementia and all my family said to call the police/ ambulance to take her to have a mental evaluation so they could maybe put her on meds. She had scratched my arm pretty bad cause I guess she believed I'd stole her phone so I finally called and a cop showed up and told... Read more »

Although charges in domestic violence cases are OFTEN determined by who calls 9-1-1 first, there is no official legal significance of being the first caller. Sometimes, after an investigation, the first caller is arrested.

If the responding officers did their job correctly, your mother was...
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1 Answer | Asked in Domestic Violence for Texas on
Q: I had a 30day protective order after my spouse grabbed me by the throat. The order expired and my spouse have come back

Can i apply for another protective order if me and my children are scared of him

It sounds like the Magistrate imposed an Emergency Protective Order when your spouse was arrested. You can apply for a Family Violence Protective Order if violence occurred in the past and is likely to occur in the future. Contact the office of the District Attorney in the county where you live... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Texas on
Q: My husband is currently in prison for continuance family violence with me. Can my husband live with me when he is parole
Sharita Blacknall
Sharita Blacknall answered on Dec 30, 2019

He is to look at the terms and conditions of his release.

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1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: My husband is unemployed and abusive, he wants to take half of everything, is that possible?

I’ve paid for everything

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 29, 2019

I certainly doubt that he could get everything. Also, being abusive with proof he’ll probably get little. Do what you have to do to move on to peace and happiness. Good luck 888-353-4529.

2 Answers | Asked in Domestic Violence for Texas on
Q: Can my husband still go to the hospital with me for the birth?

I’m eight months pregnant. My husband and I got into an altercation while he was intoxicated. Property was damaged. He left. I was having contractions and went to the hospital to get checked out. The nurse called the cops and I had to make a police report, but I did not press charges. A couple... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

In Texas you do not have to press charges. If the DA's office believes they have enough evidence to substantiate the charge then it is their duty to press charges. As long as there isn't a protective order stating he cannot come near you it should be fine; however, he should probably consult with... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m high risk pregnant and been put on bed rest in hospital been here for weeks and if I get to go home I’ll be on bed

Rest but I have pending charges and court dates while in the hospital but soon as I get out I have no family here and I’m homeless here in Dallas Texas so my doctor is wanting me to move back home to Kansas where someone can care for me due to me being in bed rest what can happen to me? But the... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

Contact the Court where your cases are pending and explain your medical situation. Request an attorney be appointed to represent you. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I go to jail I’m facing false felony charge for assault with deadly weapon felony for child endangerment 1 mid assa

Bodily injury and misdemeanor assault family violence

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

If the allegations are found to be false, you will not go to jail. If the charges filed against you are proven to be true beyond a reasonable doubt, jail time is a possibility. Consult with an attorney. Good luck.

3 Answers | Asked in Domestic Violence, Tax Law and Elder Law for Texas on
Q: How long does a person have to file for domestic violence?

A co-worker of mine had informed me that her son is physically and mentally abusing her at home. She had also informed me that he is on drugs as well. She is in he 60’s. She said she has no privacy as he goes through her personal belongings ie. Her phone and mail. She called the police a day... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Dec 7, 2019

She should report the situation to Adult Protective Services, block her phone, kick him out, put on locks and a no trespassing sign. She should seek a Temporary Restraining Order, followed by a Temporary and then a Permanent Injunction against him coming within a certain distance of her.

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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

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

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

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

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