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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My ex-husband is currently in jail on a MTR. He had a hearing for motion and order to dismiss. What does this mean

His original charge was F/V impeding breath in Texas. He was on probation for 2 years and got a violation for poss. Of Marij. So they revoked him and jailed him. He’s been in jail for a few months now with no bond, he has a MTR hearing in November. But recently had a motion and order to dismiss... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Oct 19, 2021

You are incorrect when you say "they revoked him". They did not revoke his probation. They (the prosecutors in his case) filed a Motion to Revoke his probation and he is waiting for his hearing on that motion. Only the judge in his case can revoke his probation.

You should ask...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: I am accused of family violence by husband. I was arrested, detained and taken to court. I need advise.
Omar Darwich
Omar Darwich answered on Sep 15, 2021

you need to retain an attorney asap.

there are a lot of facts and moving pieces at play.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: My sister lives in Dallas, she is accused of family violence by husband. She was arrested, detained and court. Advise pl
Omar Darwich
Omar Darwich answered on Sep 15, 2021

She needs to retain an attorney asap

1 Answer | Asked in Child Support, Divorce, Domestic Violence and Family Law for Texas on
Q: Can I file for PO in the pending child support for enforcement by contempt case? Do I need to serve personally.?

Can I file for PO in the pending child support for enforcement by contempt case?

Do I need to serve personally.?

Bcoz my ex is evading services. When filed as seperate case, judge dismissed for not able to serve him

Omar Darwich
Omar Darwich answered on Sep 15, 2021

Need a bit more information, but regardless your best option here to get an answer is to consult with an attorney not on this forum.

2 Answers | Asked in Criminal Law, Domestic Violence, Legal Malpractice and Municipal Law for Texas on
Q: Can the victim can do anything about the lack of victim's rights offered and police & prosecutor not including evidence?

I was the victim of an assault from my ex. He was eventually charged (months after the assault) because I stayed in contact with the police department's Professional Standards Unit. The detective on the case was non responsive until PSU got involved. When the charges were pressed, the charge... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 2, 2021

There doesn't sound like anything else to do in terms of criminal law. However, in civil law you could seek a protective order based on family or dating violence... and perhaps even stalking based on the voicemails. You might be able to sue him for the cost of medical treatment but unless... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: In TX is “assault on family” eligible for an order non disclosure?
Kiele Linroth Pace
Kiele Linroth Pace answered on Sep 1, 2021

No. Any conviction or deferred adjudication on a case involving Family Violence renders the defendant permanently ineligible to seal arrest records with an order of nondisclosure. The way the law is written, this is true even if the judge does not enter an affirmative finding of family violence... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: I want to sue the state for not protecting me against family violence and abuse . I have videos never able to use .

Deformation of character . Protection of a abuser as they made me lose jobs ect . Videos never able to enter.

Was told it’s not abuse to make me lose everything . Control of finance and able to support myself is abuse . He wanted to see me homeless or take him back .

Using the... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Aug 12, 2021

If you want to sue the state regarding a law enforcement issue then you should consult an attorney who files Section 1983 civil rights cases in federal court.

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I have a family charge against my mom and she lied on the police report saying she has dementia she also attacked me and

All I did was defend myself and I didn't press charges but she lied and press charges on me my lawyer said she can't beat the case but she's a court appointed lawyer do I need to get another lawyer

Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 22, 2021

The result of a criminal case will depend on the quality of the prosecutor's evidence, the skill and diligence of the defense attorney, and some degree of luck. You can't control the evidence or the luck, but you can hire a better defense attorney. On average, expensive attorneys get... Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: I was arrested for verbal domestic violence in New Jersey but it was dropped Can I have that expunged from my record?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jul 16, 2021

The law of New Jersey will determine your expunction eligibility, even if you are currently in Texas. Attorneys are licensed per state, and this Justia website shows the questions to attorneys by state so it is likely that only Texas attorneys will see your question because the location is marked... Read more »

2 Answers | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Texas on
Q: If my ex gets charged for domestic violence can I get full custody? She only lets me get my son every other weekend now

She’s going to loose her job the investigator said she will be charged with a Class A misdemeanor and she will loose her job

Sharita Blacknall
Sharita Blacknall answered on Jul 1, 2021

If you currently have a custody order from a court you will need to apply to modify it. If you do not have a current custody order from a court you will need to get one.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: my soon to be ex wife attacked me in my sleep while kids was in the home she’s being questioned soon

Can I get full custody this isn’t the first incident i just want my son so he can be raised by me his father she is extremely toxic we are going through a divorce

Kiele Linroth Pace
Kiele Linroth Pace answered on Jun 29, 2021

Talk to your divorce attorney about filing an application for a family violence protective order.

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1 Answer | Asked in Animal / Dog Law and Domestic Violence for Texas on
Q: My ex says she is going to take me to court for the gifts she gave me. She thinks I should have to pay for them.

8 month relationship that was physically abusive (her towards me) and verbally abusive her to me. She got a credit card and we got an engagement ring for her. It’s under her name. Her care credit card was used to pay for a dogs vet visit. And an Amex card that had my name on it as an authorized... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

She can sue you for whatever she thinks you owe her, and you can file a counterclaim for what you think she owes, and then a judge can sort it all out. You could hire a civil attorney to increase the chances that you'll win but it would probably be faster, cheaper, and less heart-wrenching to... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What can I do to drop domestic violence charge with previous convictions ?
Kiele Linroth Pace
Kiele Linroth Pace answered on May 28, 2021

You can ask the District Attorney's office to dismiss the case and perhaps even sign an affidavit of nonprosecution. However, it is the prosecutor's duty to decide whether or not to seek a conviction and they often decide to move forward in domestic violence cases against the wishes of... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Should I put on my application that I was arrested for domestic violence for a correctional officer job in Alaska.

I was arrested 2 times for 3 different cases. The first was 01/2017 and the second was two charges on 01/2018. All cases were dropped due to insufficient evidence or dismissed. The first happened in California and the 2nd happened in Hunt county Texas.

Kiele Linroth Pace
Kiele Linroth Pace answered on May 25, 2021

This question is best answered by an Employment Law attorney in Alaska. In Texas, arrest records are public information that appears on a background check until or unless they have been properly expunged... and dismissed cases are not automatically expunged. You'd need to ask a California... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: I m a single mom,son's father, has extensive background/domestic+. Affected severely by stroke,filed for modification

The original court agreement required his son to supervise first third and fifth weekend of the month when my son turned three. His son agreed, however that has yet to happen and my son is now 6. They have maybe seen him 15 12 to 15 times in a period of 3 years now. So my son cries on the few times... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 18, 2021

You can't control his behavior but you can ask your Family Law attorney if anything can be done to modify the custody arrangement.

1 Answer | Asked in Domestic Violence, Immigration Law and Landlord - Tenant for Texas on
Q: Can I terminate my lease if there is a domestic violence charge against me?

I am an immigrant on Daca and I am married to a U.S. citizen. My husband has criminal history. I've been suffering from many forms of abuse, including emotional, verbal and even physical. Because of his crimininal history , many times I hesitated to call the cops on him when he began acting... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on May 12, 2021

Being accused of a domestic violence is not a condition that allows you to break a lease without being responsible for paying future rent obligations under the lease agreement. If you break the lease, you will be responsible for your obligations under the rental agreement. You would probably be... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: What happens if a person is out on bond for assault family violence charge and got a failure to appear warrent?

My fiance just bailed out on an assault family violence charge and now he has a failure to appear warrent. And possibly other pending charges,. He also moved states while on bond

Kiele Linroth Pace
Kiele Linroth Pace answered on May 11, 2021

I'm not 100% clear on what you are asking but I notice that this question is asked from California about Texas law. Moving out of state is not necessarily a violation of bond. It depends on the conditions of bond. There are some conditions required by the judge and other conditons that are... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: An ex-girlfriend is making allegations that I had sexual relations with one of her friends which is completely false.

She harasses me by phone and leaves threatening voicemails with lots of profanity. I have not made any attempts to make contact with her. Should I?

Kiele Linroth Pace
Kiele Linroth Pace answered on May 5, 2021

Who cares if you had sex with her friend? That isn't illegal. If you don't want anything to do with her then you should probably just block her on your phone and on social media.

If it becomes unbearable then you could call law enforcement on the non-emergency number and ask for...
Read more »

1 Answer | Asked in Consumer Law, Banking and Domestic Violence for Texas on
Q: someone gives a car 2 u, permanently, what must they legally do? Father gave 2000 suburban 2004. Need title 2 insure

Since I got a protective order against son (stalking, drug charges, child abuse) his father helping by leaving me unable to drive even this vehicle I rebuilt all year. My ex took the Denali, trying to put me and children on the street.

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

This question is tagged for both Georgia and Texas. I don't know anything about Georgia, but in Texas, the proper method to give a vehicle as a gift requires both the Giver and the Recipient to sign an "Affidavit of Motor Vehicle Gift Transfer" and an "Application for Texas... Read more »

1 Answer | Asked in Domestic Violence, Sexual Harassment and Civil Litigation for Texas on
Q: I received a sexually explicit video against my will and consent. What can I do to pursue the sender?

I was in a highly abusive relationship with a mentally unstable woman (wasn’t aware of her issues at the time).

One day she threatened to show me a video of her and a former sexual partner.

I refused and she caused a huge fight where she attempted to assault me, and we both ended... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 30, 2021

Just delete her messages and block her on all platforms. Trying to make a legal case out of something like that will only prolong your misery.

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