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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: If I have proof,calls of him physically abusing me will this help me with him not getting custody when my child is born?
Sharita Blacknall
Sharita Blacknall answered on Feb 22, 2020

Courts take family violence very serious.

Courts will do what is in the best interest of a child. It is not in the best interest of a child for an abusive person to have custody. However, an abusive person can get supervised visitation in some instances.

You should provide your...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can I avoid going to jail after being arrested for a probation violation for not complying with probation 2nc MTR.

I was in an abusive relationship and my boyfriend wouldn't allow me to go anywhere. He took all the money I had and wouldn't allow me to have a phone.. I am no longer with him and have a stable life with kids again. I want a chance to comply with probation.

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

Hire a local criminal defense attorney to represent you on the MTR. Your choice of counsel should not be driven by price, but rather you should choose a lawyer who will sit down with you and help develop a plan that includes a budget and a detailed schedule for exactly how and when you will comply... Read more »

1 Answer | Asked in Domestic Violence and Sexual Harassment for Texas on
Q: Can I file harassment or file for restraining order and will it violate his probation

I’m pregnant And the guy by keeps messaging me and harassing I blocked # and he makes fake accounts to contact me then he’s threatening to post my personal photos online I’m tired of this I just need it to stop

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 20, 2020

If you want to stop it, send only this precise message:

"Do not ever communicate with me again by any means, either directly or indirectly. All messages from you harass, annoy, alarm, abuse, torment, embarrass, or offend me in violation of Section 42.07 of the Texas Penal Code."...
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1 Answer | Asked in Domestic Violence for Texas on
Q: My friend was served a restraining order yesterday with an elder abuse charge. She had 10 minutes to get out.

My friend was living in North Dakota when her older sister, (8 years older) begged her to move back to California and help her. She had children and grandchildren she wanted out of her house. The sister got mad at her and yesterday had her served with a restraining order and an elder abuse... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 12, 2020

Did this happen in Texas, California, or North Dakota?

1 Answer | Asked in Domestic Violence for Texas on
Q: Thank you...both answers was helpful...the only thing now is he had court today which they reset to Feb 5 and now they

Added another charge which is, motion to revoke his parole and says he has to go to some court called bop...he still has a 10000 bond on the first charge, but no bond for the second...so we don't know if we're able to bond him out...he actually really didn't do anything...I got scared because he... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

You can call the DA's office and ask to speak to the prosecutor assigned to his case. If they can prove that he did something that caused you pain then he can go back to the penitentiary... and your statements are evidence.

A false report to a peace officer is also a crime but it can be...
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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: It's been 6 months since police report on DV and we still haven't heard anything. Can the state still pick up?

About 6 months ago me and my boyfriend got into a argument and I was being abusive towards him and in order to get me off of him he pushed me and scratched me. It was outside of my job and someone saw they called the cops but he left so they didnt arrest him. I told the cops it was really me who... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 5, 2020

The state has 2 years to decide but the longer it goes, the less likely it is that they will take the case. He should stay on the straight and narrow in an attempt to successfully complete his probation.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: What to do for bond reduction
Roy Lee Warren
Roy Lee Warren answered on Feb 4, 2020

Hopefully you have a lawyer to help, if not, you need to get a lawyer that practices defending the type of charges pending in the county where the charges are. Your attorney may be able to use the "attorney bond" to have the defendant released.

There has been a movement as of late to...
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2 Answers | Asked in Domestic Violence for Texas on
Q: My boyfriend was charged with ASSLT FAM/HOUSEHOLD MEM W/PREV CONV and is on parole...how much time could he be facing

even if I did not press charges...

Herman Martinez
Herman Martinez answered on Jan 28, 2020

The assault charge you mention typically has a range of punishment of 2-10 years in TDC. If he has one prior TDC trip it can be increased to 2-20 years. If he has two separate TDC trips he could be facing 25-life. I want to be clear that I am not saying he will do the enumerated time. In fact, he... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I recently received a letter concerning basically not reporting to my PO. I contacted my pre trial PO today.

She told me that I was supposed to have called her November the 17th. Of 2019. I did but had to leave a message. I then called her in December and had to leave a message. Will my bond be revoked? I'm scared. This is my first time having a court date to explain as to why I didn't report. My bail... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 23, 2020

Get your criminal defense attorney involved to advocate on your behalf.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: what does it mean to be a “suspect” in a family violence case?

My husband and I are going through a horrible time. He has been cheating and is violent to me. I have begged him to leave and he wouldn’t. The other day I told him I wanted a divorce and he grabbed my wrists so tight and wouldn’t let go. He was hurting me. I bit him to try to get away. He... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

The responding officer will write up his incident report and turn it over to a detective who will decide whether or not to pursue a criminal case.

Based on your description of the incident, your husband committed assault against you by grabbing your wrists and your biting was lawful to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If a phone was found with 5 different sets of DNA could that evidence be used in court?

aggrivated offenders only having to serve a third of their time? Is that true ?

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 22, 2020

Test results showing DNA from 5 people on a phone might be good evidence if your intention was to show that multiple people came into contact with that particular phone.

1 Answer | Asked in Domestic Violence for Texas on
Q: i am 14 and i have a 19 year old step brother he grabbed me by the back of my hoddie and threw me on the floor

i was in my parents bed room with my step sister and my little sister who is 2 he kept trying to wake us up but we told him it was too early that we dont wake up at that time so he got water and put it on my face and i thought my little baby sister was him so i grabbed her by the hair and he... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 9, 2020

You didn't ask a question. Was it OK? No, it wasn't. Was it illegal? Maybe.

If he was responsible for your welfare. That is to say, if he was in the role of babysitter, then it was probably NOT a crime because it is legal to use physical force to discipline a child under the age of...
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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: can I call the DA and help my exes new wifes domestic family assault case?

my ex beat me up bad, lied and got custody. Long history of violence. His father always got him out of trouble but even still has a pretty violent record. He beats up all his girlfriends so bad they leave. He and I had a child together, his only child. He went to the court when I left one night to... Read more »

Rahlita D. Thornton
Rahlita D. Thornton answered on Jan 3, 2020

Sure you can reach out to the DAs office. Let them know you will assist them in any way possible. Hope all works out.

1 Answer | Asked in Domestic Violence for Texas on
Q: Why would a victim of domestic violence be arrested? I live in Texas

My mom who is 83 has dementia and all my family said to call the police/ ambulance to take her to have a mental evaluation so they could maybe put her on meds. She had scratched my arm pretty bad cause I guess she believed I'd stole her phone so I finally called and a cop showed up and told... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

Although charges in domestic violence cases are OFTEN determined by who calls 9-1-1 first, there is no official legal significance of being the first caller. Sometimes, after an investigation, the first caller is arrested.

If the responding officers did their job correctly, your mother was...
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1 Answer | Asked in Domestic Violence for Texas on
Q: I had a 30day protective order after my spouse grabbed me by the throat. The order expired and my spouse have come back

Can i apply for another protective order if me and my children are scared of him

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 2, 2020

It sounds like the Magistrate imposed an Emergency Protective Order when your spouse was arrested. You can apply for a Family Violence Protective Order if violence occurred in the past and is likely to occur in the future. Contact the office of the District Attorney in the county where you live... Read more »

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Texas on
Q: My husband is currently in prison for continuance family violence with me. Can my husband live with me when he is parole
Sharita Blacknall
Sharita Blacknall answered on Dec 30, 2019

He is to look at the terms and conditions of his release.

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1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: My husband is unemployed and abusive, he wants to take half of everything, is that possible?

I’ve paid for everything

Rahlita D. Thornton
Rahlita D. Thornton answered on Dec 29, 2019

I certainly doubt that he could get everything. Also, being abusive with proof he’ll probably get little. Do what you have to do to move on to peace and happiness. Good luck 888-353-4529.

2 Answers | Asked in Domestic Violence for Texas on
Q: Can my husband still go to the hospital with me for the birth?

I’m eight months pregnant. My husband and I got into an altercation while he was intoxicated. Property was damaged. He left. I was having contractions and went to the hospital to get checked out. The nurse called the cops and I had to make a police report, but I did not press charges. A couple... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

In Texas you do not have to press charges. If the DA's office believes they have enough evidence to substantiate the charge then it is their duty to press charges. As long as there isn't a protective order stating he cannot come near you it should be fine; however, he should probably consult with... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m high risk pregnant and been put on bed rest in hospital been here for weeks and if I get to go home I’ll be on bed

Rest but I have pending charges and court dates while in the hospital but soon as I get out I have no family here and I’m homeless here in Dallas Texas so my doctor is wanting me to move back home to Kansas where someone can care for me due to me being in bed rest what can happen to me? But the... Read more »

Grant St Julian III
Grant St Julian III answered on Dec 9, 2019

Contact the Court where your cases are pending and explain your medical situation. Request an attorney be appointed to represent you. Good luck.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I go to jail I’m facing false felony charge for assault with deadly weapon felony for child endangerment 1 mid assa

Bodily injury and misdemeanor assault family violence

Grant St Julian III
Grant St Julian III answered on Dec 7, 2019

If the allegations are found to be false, you will not go to jail. If the charges filed against you are proven to be true beyond a reasonable doubt, jail time is a possibility. Consult with an attorney. Good luck.

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