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Texas Domestic Violence Questions & Answers

1 Answer | Asked in Domestic Violence for Texas on

Q: If you’re a victim of domestic assault can you correct your statement?

Kiele Linroth Pace answered on Jun 18, 2019

Yes, but if you are trying to help the defendant it is probably a good idea to talk to the defense attorney first.

Be aware that it is a crime to tell lies to a cop when you know they are investigating a crime.

Also be aware that whether or not to dismiss a case is the...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: If someone was arrested for domestic violence and charged with a felony, can they still obtain a CHL?

Can they buy guns still and take the test for the CHL and can they be around schools.

Kiele Linroth Pace answered on Jun 18, 2019

Arrested or Convicted? Federal law prohibits anyone convicted of even a misdemeanor crime of domestic violence from EVER being in possession of a firearm or ammunition. Straight probation counts as a conviction.

If the person was arrested for domestic violence and the case is still...
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1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Texas on

Q: Can you get a no contact order if your spouse is in a different state?

Kiele Linroth Pace answered on Jun 14, 2019

Yes, threats of imminent violence can be the basis for a Family Violence protective order. Such threats do not even have to be imminent to be the basis for a Stalking protective order. Committing the offense of Harassment on multiple occasions can also be the basis of a Stalking protective order.... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Divorce for Texas on

Q: Can a no-contact order be obtained against me to keep me from my wife even though I never committed violence or threat?

I have not spoken too nor seen my wife in 15 months and suddenly, 3 weeks ago, at a hearing in my criminal case the prosecutor motioned for the order judge gave the order. He has also told my wife not to let me have anything not even a car in my name. I was falsely accused of a crime from... Read more »

Kiele Linroth Pace answered on Jun 14, 2019

The prosecutor can't issue an order... they most they can do is make a motion requesting that the judge issue an order. The judge has fairly wide discretion regarding what she can order the defendant to do (or not do) when it comes to matters of protecting an alleged victim or even the general... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: Is there a law about filing protection order an then getting back with person u filed against?

My friend filed against her husband an now they back together

Robert Allen Thornton answered on Jun 13, 2019

If the protective order is still live, he could be arrested at any time. If she got the protective order through a private attorney, she would ask the attorney to nonsuit the case. If she got it through a district attorney's office, she needs to be careful how she approaches the prosecutor. The... Read more »

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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Kiele Linroth Pace answered on Jun 7, 2019

Even if you were currently having an affair that would not be a legal justification for a physical assault. You could contact the District Attorney's office in your county of residence and ask how to apply for a Family Violence Protective Order on the basis of the physical assault. You can also... Read more »

2 Answers | Asked in Domestic Violence for Texas on

Q: I was in a dispute with my bf and I defended myself and got a violence charge. I still haven't been to court for this.

What can I do to get this off my record? And if I waited a long time already does that mean they can just drop the case?

Kiele Linroth Pace answered on Jun 7, 2019

A separate legal process called an EXPUNCTION is required to get the records of your arrest and prosecution off your criminal history background report. However, most people who are arrested will never be eligible for an expunction. There are several ways to become eligible but by far the most... Read more »

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2 Answers | Asked in Domestic Violence for Texas on

Q: What if I changed my statement about domestic violence because I lied about the whole situation. Can he be set free

Matthew Valley answered on Jun 4, 2019

He could, and you could go to jail for making a false report. You should consult with a local criminal defense attorney before you go the state and change your story.

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1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on

Q: I want to take my child with me out of state to my hometown. Husband physically & mentally abused me in the past

I want to take my child with me out of state to my hometown. Husband physically & mentally abused me, and is a veteran with PTSD. I’ve recently made the mistake of turning to narcotics to cope w/the situation & now I’m worried he has better leverage than me. He just broke my phone & physically... Read more »

Rahlita D. Thornton answered on Jun 1, 2019

In general if no court involvement you are free to do as you please. However, if a divorce is filed your spouse may request that the child’s residence be restricted to your current residence.

2 Answers | Asked in Domestic Violence for Texas on

Q: If charged with a Domesic Violence charge Prev Conv IAT, does the victim have to press charges for it to go to trail

Or will the State of Texas pick up the case and convict?

Matthew Valley answered on May 18, 2019

A prosecutor can still pursue a criminal case even if a victim doesn’t wish to pursue the matter.

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1 Answer | Asked in Domestic Violence, Divorce and Family Law for Texas on

Q: I filed a protective order against my husband in my county a month ago and still no status.

My husband and I live together and I'm afraid of filing for a divorce without the protection order in place. What are my options?

Kiele Linroth Pace answered on May 17, 2019

Your husband will know as soon as he is served with the protective order papers. If the prosecutor's office is too slow, you could always pay your divorce attorney to seek the protective order instead. A private attorney CAN do it, its just that most people rely on the prosecutor's office because... Read more »

1 Answer | Asked in Domestic Violence for Texas on

Q: The police arrested my sons girlfriend on a Class A Domestic Violence. Now she has been charged again with Prev Conv IAT

Bond was set at 1,500 on 1st charge. 2nd charge Bond is 0.00. What does that mean?

Kiele Linroth Pace answered on May 17, 2019

Class A Domestic Violence means the offense is Assault Causing Bodily Injury / Family Violence as described in Section 22.01 of the Texas Penal Code.

Mere physical pain is sufficient for "bodily injury" so no actual scratch, bump, or bruise is required, see 1.07(a)(8).

In...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: What can I do if the father committed an assault on me and then committed another assault but wants custody of the child

In 2009 the father was charged with burglary of habitation with the intent to commit assault on me. He went to prison and 2016 he filed papers to have me arrested and contempt of court and filed numerous motions to let him see the child, the child was 1 when this happened and had an protective... Read more »

Rahlita D. Thornton answered on May 10, 2019

Protect your child. Hire an attorney ASAP. If you can not afford it look for indigent representation in your area.

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2 Answers | Asked in Domestic Violence for Texas on

Q: can victim of assault w injury family violence help dismiss the case of defandnt? (class A misdemeanor in TX)

if the prosecuters decides to not dismiss the case, and for example, sentences the defendant to 1 yr in jail, can the victim appeal so that the case is dismissed? What is the process like? This is Texas. (Does if matter what county? )

Thank you

Gary D. Peak answered on May 8, 2019

If the person has already been convicted, and sentenced to jail, it wouldn't be you who would appeal, but the person in jail. About the only basis would likely be you provide his attorney a sworn statement saying it did not happen, thus giving him the argument of actual innocence.

If they...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: My kids dad have primary custody of both of our kids. In right now he’s being investigated by CPS for substance abuse

and domestic violence. Instead of CPS giving me the kids while they do their investigation on him, they continue to allow my kids to still be in the home with him. What are some advice to getting my kids back.

Matthew Valley answered on Apr 27, 2019

You should talk to a local family lawyer about filing a modification in the court seeking to change conservatorship and possession.

3 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: I was arrested for Artical 17.292(a) I was ordered to stay 500’ from my fiancé home or place of employment for 61 days

I was made threatening comments to her. We are able to be with each other anytime other then at her home or place of employment. It was a class c misdemeanor.

My fiancé wants to remove the 61 day restriction. So I can go to her home. How does she go about getting this removed?

Roy Lee Warren answered on Apr 24, 2019

THANKS FOR YOUR QUESTION. Please do not otherwise meet with her. It would be a violation of the TRO or you could be prosecuted for tampering with a witness. She must go to the DA's office in the county where the case was filed to file an affidavit of non-prosecution. It is up to the DA whether the... Read more »

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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on

Q: My kids dad have primary custody of both of our kids. In right now he’s being investigated by CPS for substance abuse

and domestic violence. Instead of CPS giving me the kids while they do their investigation on him, they continue to allow my kids to still be in the home with him. What are some advice to getting my kids back.

Matthew Valley answered on Apr 18, 2019

I would recommend getting a consult with a local family lawyer to talk about the matter. If events have arisen that have brought CPS into the picture then there may be grounds for you to go petition the court yourself for a modification of conservatorship in your favor.

1 Answer | Asked in Domestic Violence for Texas on

Q: By law is spanking a child considered physically child abuse if their are no bleeding swelling bruising ?

I was spanked as a child which i agree can be a discipline tactic that can work but how would I know if it was also abuse? I don’t want to accuse if it wasn’t the case.

Kiele Linroth Pace answered on Apr 16, 2019

A parent, step parent (or someone taking that role like a guardian or babysitter) can spank a child under 18 when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare. An educator can spank a student when and to the... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Texas on

Q: My wife was raped and abused by her adopted brother from 12 to 14. Now 32, can she press charges in Texas

She is currently 32. This occurred in Texas around 98-99 and she wound up pregnant and gave birth to a son. She is wondering if there is any way after all these years she could have charges filed to try to get some justice. Years of therapy has now suggested that she try to pursue this avenue to... Read more »

Grant St Julian III answered on Apr 15, 2019

She may contact law enforcement in the county where the events occurred. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on

Q: Hello my name is Luther, i am the victim in a case that is complex and has resulted in many serious injuries to me.

I am currently incarcerated for viol. of protective orders and because my step-daughter ran across in front of me and claimed i tried to run her over, my now ex-wife also used the jail to acquire the house i had been paying for (over 15 yrs.) My prosecutor has been at my house before. she is a... Read more »

Grant St Julian III answered on Apr 10, 2019

Contact the Innocence Project for post-judgment relief. Good luck.

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