Kiele Linroth Pace's answer The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.
Kiele Linroth Pace's answer I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...
Kiele Linroth Pace's answer Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court records should be public.
Kiele Linroth Pace's answer You should discuss this defense privately with your criminal defense attorney rather than posting it on a public website where everyone (including the prosecutors) can see it.
Kiele Linroth Pace's answer Suppose that Joe shot Steve with a handgun. How do you think it would go for Joe if his argument was "I didn't hurt Steve, the bullet hurt Steve. I didn't even touch the bullet. All I did was squeeze the trigger. Don't blame me, blame the bullet!"
If you intentionally, knowingly, or recklessly hit the sun visor, which caused the sun visor to flip up and hurt her, then you committed assault.
It sounds like the more serious accusations are that you pulled her hair and hit...
Kiele Linroth Pace's answer There are limits to how certain information can be used by lawyers for advertising but criminal court records are generally public documents, and copies are available at the clerk's office at the courthouse. However, phone number of the victim may not be a part of the court file and, as far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime.
There are a few other rights, especially for victims...
Ruby K Bolton's answer You give a lot of examples of how you can prove verbal and emotional abuse in your question. Your own testimony at court is the most obvious. Anyone who has seen or heard your husband be abusive to you would also be a potential witness. The pictures and audio recordings are admissible, as is the smashed cell phone. If he is trying to get custody or you are requesting that he be awarded only supervised visitation, and he is resistant to this, you can request an Amicus Attorney be appointed to...
Rahlita D. Thornton's answer If you think that you are in jeopardy of physical violence staying to get evidence is not advisable. You can file for divorce and get certain temporary orders in place to provide for payments of bills and rent/mortgage depending on your specific circumstances. The evidence can be reviewed and an attorney should be able to tell you if they can use it in your case. But, you do not need any evidence to get a no fault divorce which the courts will easily grant.
Kiele Linroth Pace's answer If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)
It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)
This law was passed in 1996 and its Constitutionality has...
Rahlita D. Thornton's answer You can still get a divorce. However, Texas has some time guidelines on whether you are eligible to file in Texas. You or your husband has to have as your domicile Texas for 6 months and be a resident of your county for the last 90 days prior to your filing. If you are in a hurry then you may want to proceed in Louisiana. That state has their own rules on their filings and as such can not advise you on those. Good luck to you and stay safe.
Kiele Linroth Pace's answer You lose control of the situation when you report it. If a criminal case has been filed, only the prosecutor can dismiss it. The prosecution is required to “consider” your input, but they often decide to pursue domestic violence charges against the wishes of the alleged victim. You can tell them you hope they dismiss the charges and/or that you don’t want to testify in court, but ultimately it is their decision now.
It may be that the best you can do is approach the defense...
Kiele Linroth Pace's answer It is the prosecutor's duty to decide whether or not to dismiss a criminal case. The prosecutor also has a duty to CONSIDER the wishes of the alleged victim. In domestic violence situations they often decide to prosecute anyway, against the wishes of the alleged victim, but they won't even know your wishes unless you tell them.
The alleged victim of an assault is an important witness. Maybe even the MOST important witness! Our office focuses on defending assault cases and we usually...
Kiele Linroth Pace's answer You can contact the non-emergency number for your local law enforcement agency and make a criminal complaint. The statute of limitations is 2 years on misdemeanor assault so it is possible they will pursue charges. However, it is also possible that they won't and instead prioritize current cases where victims are still in danger.
Photos are not great evidence because, although they can show that a person was injured, they don't show HOW the person was injured.
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