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1 Answer | Asked in Divorce and Family Law for Texas on
Q: Can I file a divorce case in dallas if I was not physically living there for the past 6 months ?? it was my home before

Lived in dallas for about 10 months then went to canada on a vacation and now in Virginia for 2 months.. can I still file a case in dallas for divorce as it was my marital home. Will the residency issue stop me from filing ? Current expecting my first child so cannot travel immediately

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You must have had Texas has your home state for the preceding 6 month period and been in the particular county you file in for 90 days up until time of filing in order to gain jurisdiction.

You will not be granted a divorce if you are pregnant.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: How do I transfer my dads guardianship from california to texas. We have already moved and I have guardianship of him .

He lives with me and I am his caregiver

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

You will need to hire an attorney who handles guardianships to assist you with this. It is going to require petitioning the Courts in both CA and Texas.

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1 Answer | Asked in Criminal Law, Civil Litigation and Civil Rights for Texas on
Q: Who was Mr Joseph Beans attorney in this case?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

1. Figure out which county the case was filed in.

2. Figure out which Clerk's office has the record.

3. Contact the Clerk's office and ask to examine the physical file.

4. Find a motion or other document filed by Mr. Joseph or his attorney.

5. Find the signature...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: Can you file for a motion of dismissal in Texas after a criminal trial has happened?

The charge is sexual assault of a child

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

It is untimely so even if you FILE it in the sense that the clerk accepts it that doesn't mean it will actually be seen by the judge who can rule on it. The judge loses jurisdiction a few days after the case is resolved so if it has been more than a month you might already be out of luck.... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: What’s the age of consent in Texas an that being said if she’s 17 an I’m 20 what does that mean will I be in trouble?

I just wanna know like if I do anything which I haven’t that’s why I’m here will I be subject to like a case or anything like that I’m just worried an I would like some clear answers

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 17, 2020

Since you are already 20 that means you are more than 2 years to the day older than she is, therefore, you could be convicted of felony Child Sexual Performance until she is age 18.

Because she is 17 you can't be convicted of Indecency with a Child or Statutory Rape (ie Sexual Assault based...
Read more »

1 Answer | Asked in Adoption for Texas on
Q: If paternity was never established, no signature on BC, can my soon to be husband adopt my daughter?

Daughter was born in Texas, father has never acknowledged her or provided any support. Was not there during or after pregnancy. She is 5 months now. No signature on bc. He is in the UK. My fiancé wants to adopt her. Is it possible? We are living in Louisiana

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 17, 2020

If you’re living in LA you should consult an attorney there.

1 Answer | Asked in Criminal Law for Texas on
Q: what district in texas does the city of Bastrop (in Bastrop County) fall under?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Please clarify your question, i.e. are you asking what criminal appeals district? I'm not understanding which district you're looking for informaiton on.

1 Answer | Asked in Family Law and Child Custody for Texas on
Q: My CPS investigator recommended FBSS, should I agree?

My son's great grandmother took him for a hair follicle, without my consent. He tested positive and she called CPS. The investigation has been open for almost 90 days with little contact from the investigator. They asked me to leave the home, leaving my son with his great grandmother. I have yet to... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Hire a lawyer ASAP.

1 Answer | Asked in Landlord - Tenant for Texas on
Q: Can a landlord obtain pictures or videos of a property without tenants knowledge
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

The answer to this is probably yes; however, you should check your lease agreement to see what the rights are.

1 Answer | Asked in Probate for Texas on
Q: Is there a court appointed lawyer for probate?
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

The Court does not appoint a lawyer in probate proceedings unless a person is incapacitated.

1 Answer | Asked in Libel & Slander for Texas on
Q: Can a secretary of a H.O. A record a meeting for record keeping .
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Secretary are supposed to keep records of HOA meetings. In today's world those records are kept in different formats. Each subsequent meeting the former "minutes" most be approved by the Board of Directors.

1 Answer | Asked in Criminal Law for Texas on
Q: I have not still have a court date and was released on bond there is a "judgement NISI' will that affect me

was released on bond in Oct 2019. made payments to bonds men and owe a balance of 100.00. no paperwork on Cory date nor have I been notified by anyone on anything. can I still go to jail

Grant St Julian III
Grant St Julian III answered on Jan 17, 2020

Judgement NISI is not good; it means a bond is no longer in effect and a warrant MAY have issued. Call your lawyer. Good luck.

2 Answers | Asked in Child Custody for Texas on
Q: Can I hire a lawyer if my husbands lawyer won’t represent me in a custody case?

This case has been going on for a year or so, he is trying to get custody of his son. His parents have custody at the moment. The mom has three endangerment charges out of a Harris County. And a possession charge, and these are all recent. She doesn’t want me around her son, and she just filed... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 16, 2020

Each party should have their own attorney. Good luck. 888-343-4529.

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2 Answers | Asked in Criminal Law, Federal Crimes and Civil Rights for Texas on
Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, you can be arrested for no insurance on a traffic stop. I don't know the totality of the state's evidence, but if you don't trust your attorney, go hire another one. Good luck.

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1 Answer | Asked in Criminal Law for Texas on
Q: So i got searched this morning at my sachse highschool and they found a Juul and a dab pen battery which i said both...

were found at my high school and i get punished in school (in school suspension) all that. Then they get a search warrant to search my whole house and my dad said they came this morning with a proper search warrant for house and they took some old cartridges, lighters, air soft guns and maybe some... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Was anyone arrested? Are criminal charges going to be filed? Call an attorney asap; don't worry about your stuff, worry about going to jail.

1 Answer | Asked in Criminal Law for Texas on
Q: does a deferred probation sentence violate your parole in texas?

My bf is on parole and his mom lied to the Cops and ge was arrested for a misdemeanor. if he takes a deferred probation, he wants to know if it violates his parole.

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, accepting a plea on any new criminal case will probably violate parole. To accept deferred adjudication probation, the Court must find that the evidence in the case substantiates the guilt of the defendant; this is done usually by the the defendant entering a plea of guilty or no contest to... Read more »

1 Answer | Asked in Traffic Tickets, Collections, Municipal Law and Small Claims for Texas on
Q: Can a 15 yr old traffic ticket in my maiden name still be pursued or can it be dismissed since it's not my legal name?

A small TX county sent me a postcard saying I had an outstanding criminal case against me pending. Called the county and was told their software was updated so all outstanding tickets were being pursued. No warrant yet, drivers license eligibility is still good. Need to find out how far back TX DPS... Read more »

Grant St Julian III
Grant St Julian III answered on Jan 16, 2020

Yes, a 15 year old traffic ticket can still be prosecuted even if the citation was issued in your maiden name and you are now married. The question is: were you the individual who was issued the ticket back then, regardless of what your name was or is now. Request an abstract of your record from... Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: How can I win a jury trial on a burglary when I was forced by my ex if not he would abused me physically sexually

If I didn't didn't do what he wanted he would abuse me physically and sexually I was forced in fear of my life because I didn't want to get hurt or mistreated or abused I was taken away for my family when I was 15 and now I'm 22 and I'm being charged with 3 burglaries that he made me go to

F. Edward (Ed) Brown
F. Edward (Ed) Brown answered on Jan 16, 2020

Based upon the limited information provided, you may have a defense of distress.

You should contact a criminal defense attorney for free consultation.

2 Answers | Asked in Probate for Texas on
Q: Is there a court appointed attorney to probate a simple will in Texas ?
James Norman Willi
James Norman Willi answered on Jan 16, 2020

No, I recommend you call an experienced probate attorney in the county that the deceased person lived.

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1 Answer | Asked in Consumer Law, Collections and Small Claims for Texas on
Q: Concerned over wording of Debt Settlement Agreement.

I offered a one-time lump sum payment to settle a debt with a third-party debt purchaser and received a settlement agreement that is worded like the following:

"This letter agreement shall confirm that Defendant "Name", has agreed to pay and Plaintiff "Name" has agreed to accept the total... Read more »

Elaine Brown
Elaine Brown answered on Jan 16, 2020

I am always concerned when an agreement is not clear in its wording. You might ask that the wording be changed to allow you to feel more comfortable before signing. I would suggest that you allow an attorney to review the letter for you as they may be able to determine more from actually seeing... Read more »

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