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Texas Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: i have been charged for a class A misdemeanor in Texas. Warrant out for arrest i no longer live in texas

I have since moved out of state and i am unable to return to texas due to not being able to get time off from work. Can a Lawyer represent me on my behalf. The charge is for domestic violence.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 25, 2024

If there is a warrant for your arrest, you will need to face it, and show up for a surrender. Otherwise, it will linger, and be a problem for you. Most police departments in the US, will not waste their time, if they run into you. But, you will be at risk for an arrest.

Some judges allow...
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1 Answer | Asked in Domestic Violence for Texas on
Q: What is continuous violence of a family member?

I was convicted to five years in prison for continuous violence of a family member I have never had or family violence on my record

John Michael Frick
John Michael Frick
answered on May 20, 2024

A person commits an offense if, during a period that is 12 months or less in duration, the person two or more times engages in conduct that constitutes an offense under Section 22.01(a)(1) against another person or persons whose relationship to or association with the defendant is described by... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Texas on
Q: Do I have to file from Texas?

I finally got an address for the dad that’s been absent for a year can I file in his state or is it better to file in Texas? If so what do I file to keep my child and I safe from domestic violence on my end.

John Michael Frick
John Michael Frick
answered on Apr 30, 2024

Under the Uniform Child Custody Jurisdiction Act, the state which is the "home state" of the child has jurisdiction over any court proceeding to establish paternity or conservatorship and possession of the child. A child's "home state" is the state where the child has... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I remove my kids from their mom's custody if think the household is a toxic environment? Or do I need to go to court

My kids live with their mom and her parents. On Saturday the kids called me saying that their mom was arguing with her parents. I showed up to pick them up and called the police because she got physical with her parents and she got arrested. Only spend 1 day in custody. Can I just keep the kids... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

As long as there is not already a custody order in place and you are the legal father of the children, you can retain possession of the children until a court tells you otherwise. That being said, you'd be wise to retain an experienced and competent attorney practicing in the area of family... View More

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Legal Malpractice for Texas on
Q: Is there some way to back out of a plea bargain is defendant signed for his sentencing?

My husband had a paid attorney, case was open for a little over a year. He sounded confident at first and sounded like he knew what he was doing he advised him to not take his first plea which was 5 years, way better deal then what he ended up signing for. His second plea bargain was 20 years. He... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your husband feels he was coerced into accepting a plea bargain that he did not fully agree with, there may be options to challenge the plea, but these options are limited and depend heavily on the specifics of the case and the jurisdiction. One common ground for withdrawing a plea is if it can... View More

2 Answers | Asked in Criminal Law, Civil Rights and Domestic Violence for Texas on
Q: Is there any reason that a court appointed attorney cannot request a dismissal of a charge in an indictment hearing?

I am a disabled man (P.T.S.D.) who was arrested and charged with a felony assault for defending myself against someone who had been mentally abusing me (intentionally triggering me for almost 5 months). At this time I have not been indicted and the case is still in court. I have requested that my... View More

James L. Arrasmith
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answered on Feb 23, 2024

Your public defender may have a point regarding their ability to request a dismissal of the charge. Generally, it is the prosecutor's responsibility to decide whether to pursue charges or dismiss them based on the evidence and circumstances of the case. However, your public defender can... View More

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2 Answers | 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

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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
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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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