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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: The other parent and I are married. We don’t have any custody order. The other parent keeps denying the child but…

took a dna test and it came back that the child is his. I haven’t had support at all since separating and now he’s asking for another test but, at this point I don’t want to deal with him. The non custodial parent denies to do anything regarding support or seeing the child. There’s abuse in... View More

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You should contact an attorney who regularly practices in your county family court. It sounds if you wish to file for divorce. This Attorney can help prepare divorce complaint and the motion for temporary orders including spousal support and child support. This will come at a substantial cost,... View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Texas on
Q: I bonded my Son out for a violation of an Ex Parte Protection order that he had no knowledge of. NONE!

We now know she had a Protection order filed in one county and then withdrew and started one in another county. No knowledge of either and no motion to transfer jurisdiction as well.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 20, 2024

While it is possible to get an Order of protection started and signed, Ex Parte (one sided), any OP must then hold a hearing, and Notice the alleged offender of the same. You should be allowed to be heard, in case the OP is a fraud or there are other problems.

Most people forego the...
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1 Answer | Asked in Foreclosure, Domestic Violence, Divorce and Family Law for Texas on
Q: Exhusb got house in divorce, I'm domestic violence survivor. He was suppose to sell give $10,000 per divorce decree.

He never did he made me sign quit claim said now I'm off loan. He lied to me to refinance. He died house in foreclosure. Can I do anything?

John Michael Frick
John Michael Frick
answered on Dec 11, 2023

If the statute of limitations has not expired, you can sue your ex-husband's estate for the $10,000 you were supposed to receive.

Whether the statute of limitations has expired depends on the language of your divorce decree. Typically, a decree will set a within which a spouse is...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Libel & Slander for Texas on
Q: What can I do to protect myself against a malicious ex boyfriend?

My ex boyfriend has serious mental issues. It’s become too much for me and I’m trying to break away. Not easy because all he does is threaten me and destroys everything good in my life. He has already gotten me fired from one job, gotten me evicted.(I’m assuming so I would have to live with... View More

John Michael Frick
John Michael Frick
answered on Nov 29, 2023

You should immediately move to another residence and not provide him with a forwarding address. Instead of having your mail forwarded by the USPS, individually contact anyone sending you mail through the US Post Office to let them know your new address. Block his telephone number and change your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Texas on
Q: What can I do to defend myself when the two people, one who sexually assaulted and physically assaults are sheltered?

My mother knows that she been sheltering the person who sexual assaulted for years now and the other person has recently physically assaulted me. Both of them being under the same person.

John Michael Frick
John Michael Frick
answered on Oct 2, 2023

You should secure your own residence and not give your mother or either of the aggressors access to you at your home or workplace. Do not visit your mother’s home and, if you need to see her, use Zoom or a similar teleconferencing app or meet her in a public place. Leave immediately if you see... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My grand daughter's ex boyfriend and father of her little girl is stalking, harassing and threatening to kill her.

She has filled harassment charges with the town in which she lives to no avail. She can't afford an attorney. What can she do? This man is crazy and scary!

Elisa  Reiter
Elisa Reiter
answered on Aug 11, 2023

If your granddaughter is being stalked in Texas, there are several options available to you and to your family. Here are some steps that can be taken:

File a police report: If the granddaughter is being stalked, the family should contact the police immediately. The police can investigate...
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2 Answers | Asked in Domestic Violence, Family Law and Criminal Law for Texas on
Q: A person got a restraining order against me (unbeknownst to me) in another state, drove across state lines.

After arriving at my home and staying for 7 days, she baited me into an argument and called the police to report that I had physically assaulted her- which didn’t happen. Even though I was never served nor aware of the restraining order, I was still arrested and charged with misdemeanor... View More

John Michael Frick
John Michael Frick
answered on Jul 13, 2023

You may be able to sue the woman who baited you into the argument and falsely claimed you physically assaulted her for malicious prosecution. If you prevail, you may be able to recover any compensable damages you sustained (e.g. lost wages while you were in jail, the cost of any bond, attorney... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: There was 3 charges back in October of 2011 that were all misdemeanors. Is there a statute of limitation in texas?

Charges were domestic violence, unlawful restraint, and terroristic threat. All accusations were fabricated and in the discovery was absolutely no evidence of any factual statements. The courts have already tried dropping the terroristic threats and the unlawful restraints but the domestic... View More

Grant St Julian III
Grant St Julian III
answered on Jul 10, 2023

To answer your direct question: yes, there IS a statute of limitation in Texas BUT the statute of limitations is satisfied once the charging instrument is filed by the State with the court. The statute of limitations does not deal with delay is resolving a case once it has been filed. The... View More

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Cps showed up after I had my nose broken in a domestic violence incident. Told me that I was not a perpetrator in the

Not a perpetrator in the case. Asked me to take a drug test which I failed....what are they going to do?

Sharita Blacknall
Sharita Blacknall
answered on Jul 1, 2023

After a failed drug test, CPS may take a number of steps. These could include:

Developing a Safety Plan: CPS might create a plan with actions that you need to follow to ensure your child's safety. This could include things like drug treatment, counseling, or participation in other...
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2 Answers | Asked in Divorce, Family Law, Civil Litigation and Domestic Violence for Texas on
Q: I'm the Respondent in the Original Petition filing a Motion into the case. Am I the Petitioner in the Motion?

When the Respondent in an Original Petition for Divorce files a Motion for TRO, TI and TO into the case,

is the Respondent now the considered the Petitioner in the Motion?

Is the general rule that the person who brings the Motion for anything considered the Petitioner?

My... View More

John Michael Frick
John Michael Frick
answered on May 5, 2023

The party who files a motion is commonly called the Movant.

The party responding to the motion is commonly called the Respondent; but, if the motion is a motion for summary judgment, the party against whom the motion is filed is called the non-movant (a summary judgment cannot be granted by...
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1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I have an attorney that would contact my victim to get in contact with me in jail to discuss my case while Epo was in pl

While an epo was in place asking what should I do

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

It seems like you are referring to an Order of protection. While it may seem odd, your lawyer is allowed to reach-out to the person who is the subject of the order of protection. You can NOT talk to or contact the person who is named as the "victiim" in your case. Your lawyer is allowed... View More

2 Answers | Asked in Immigration Law, Appeals / Appellate Law and Domestic Violence for Texas on
Q: Me dieron orden de deportación desde el día3 de marzo por no acudir a una audiencia el día 1 de marzo puedo apelar por

Estar enferma

De COVID

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2023

Si ha recibido una orden de deportación por no asistir a una audiencia programada, es posible que pueda apelar la decisión si puede demostrar que su ausencia fue debido a una enfermedad grave, como COVID-19.

Para apelar, deberá presentar una moción de reconsideración ante el tribunal...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I have a custody order out of Travis county. I got into a physical fight with my Husband and state took the charge

In November. I have no criminal charges as of currently awaiting to hearing however 60day emergency took place that uplifted and CPs involved with both parties and my daughter on forth worth in which I’m trying to get her back from her dad grandmother which holds no grounds. At this point it’s... View More

John Michael Frick
John Michael Frick
answered on Feb 2, 2023

The emergency removal of a child due to domestic violence is a fact-intensive matter. DFPS clearly has the statutory authority to take such an action and the court clearly has jurisdiction to adjudicate the matter.

You need a family lawyer experienced with CPS cases to advise and assist...
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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Personal Injury for Texas on
Q: Denied access to my home for medical by police in Texas. Which of my rights have been violated. Lost rt ft. To infection

Left home in fear for my life. Wife very abusive. I needed to get into home for wound care on my amputations of my toes. No orders on me at that time. Police told me to leave, I has to live in jeep, infection set in on rt ft. Lack of wound care. Lost limb was outcome from wife lying to police. My... View More

John Michael Frick
John Michael Frick
answered on Jan 25, 2023

If your wife’s assault proximately caused the injury to your foot that resulted in the infection, you may be able to sue her for battery and recover your past and future medical expenses as well as any past and future lost earning capacity.

2 Answers | Asked in Criminal Law, Domestic Violence and Libel & Slander for Texas on
Q: My fiancé has been convicted of several felonies in Texas because the “victim” lied what can we do? If anything?

she put her 6 mo old child in his vehicle demanded he take her home and when he would not comply with her wishes she physically attacked him, he fought her back and then she threatened to call the police. Forgetting the child was in his car he left to de-escalate the situation she then called the... View More

John Michael Frick
John Michael Frick
answered on Jan 6, 2023

You should retain an experienced criminal defense lawyer to file a post-conviction writ of habeas corpus based on his actual innocence. During that proceeding, your fiance will have the burden to prove his actual innocence. He must present newly discovered evidence that establishes his innocence... View More

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2 Answers | Asked in Divorce, Domestic Violence and Criminal Law for Texas on
Q: My soon to be ex husband is in jail. His parents have his truck. They are refusing to give it to me. What are my rights?

I filed for divorce last month. but we are still in the process and are still technically married. he is in jail due to abuse towards me. Can i pick up the truck from his parents house while he’s in jail? and if so, should I bring an officer with me to pick it up?

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

If the title to the truck is in your husband's name, it is presumed to be subject to his sole management, control and disposition. Tex. Fam. Code 3.104. Therefore, if he has authorized his parents to possess and use the truck, his parents have a superior right to possession of the truck... View More

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3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can get a Misdemeanor off of my record that was dismissed back in 2012?
Jose A. Ceja
Jose A. Ceja
answered on Dec 27, 2022

If it was dismissed, you are *probably* eligible for an expunction.

An expunction is a legal procedure that results in all records of the arrest being destroyed. Once your expunction is done, criminal records searches should not show a record of the arrest (right now it likely shows that...
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2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: A situation happened where I was hit in the face with a door due to domestic dispute between my friend and her boyfriend

I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 22, 2022

It sounds like your "friend" has now committed the felony of Tampering With a Witness against you. See Section 36.05 of the Texas Penal Code.

It may be in your best interest to stay away from these people. Depending on which jurisdiction put you on probation and when, it may...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should...
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