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Texas Domestic Violence Questions & Answers
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...
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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.

2 Answers | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Texas on
Q: I was attacked in my hotel room after door busted in and my child kidnapped the suspect went to jail yet Cps came

Why would Cps have the right to take my child if we were the victims and what can I do

Sharita Blacknall
Sharita Blacknall answered on Apr 30, 2021

There will be an initial court date where you can tell the Judge that you contest the removal of your children by CPS. The court will ask you if you need a court-appointed attorney or if you will be hiring your own attorney.

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1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Health Care Law for Texas on
Q: Your legal Rights have been taken away by state and Federal laws paid for by large corporations?

I went to Ask for Help with a Legal Firm about A Case regarding My Health and Access to my Personal Medical Records!

I explain my case to the Lawyer assistant and a couple days later I Got a Letter Citating this on The Information!

"You have a Case and is known as statues of... Read more »

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

The statute of limitations is a deadline to start a case or forever lose the right to start. It makes it so someone can't bring a case against you for something that happened a long time ago. You can get a general idea about by reading the Wikipedia page but for specifics, you'll need... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Texas on
Q: If I come back to Texas can I file domestic charges on my partner if it happened in another state?
Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 25, 2021

No, because jurisdiction for criminal cases depends on where the offense occurred.

1 Answer | Asked in Civil Litigation, Domestic Violence and Criminal Law for Texas on
Q: I live in Texas - and I am needing a way to seal/expunge a closed civil case - Application for Protective Order.

My ex-gf filed an application for protective order against me - and falsified the allegations completely. The Judge denied the application for protective order. So luckily - this is behind me - however, I REALLY want to seal this - so that I don't show up on the county courthouse search... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 21, 2021

Hire an attorney or research Rule 76a of the Texas Rules of Civil Procedure. Be aware that a Family Violence protective order is based on the Family Code but a Stalking or Sexual Assault protective order originates in the Code of Criminal Procedure.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Why has my lawyer not disclosed pending aggravated domestic charge and previous epo against my wife in temp custody?

V

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 13, 2021

Relevance? Valid strategy? Simple oversight? Something else? Your lawyer is the only person who can really answer questions about why they are (or are not) doing something.

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: If I never filed a report for family violence due to being scared to do so at the time am I still able to put in a PO?

I was married to the man I am divorcing for 8 years with him for 10 there were many instances where there was family violence but I was to scared to file a report, Will that stop me from obtaining a protective order? I do not feel safe going threw this divorce as he has already Wished death on me... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 9, 2021

You should discuss this matter privately with your divorce attorney. Here on Justia, we never have enough facts and specifics to do more than talk generally about the issues. If you don't have a divorce attorney you should hire one.

Anyway, the primary issues for this type of...
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1 Answer | Asked in Domestic Violence for Texas on
Q: Can I sue to recover for damages and monetary funds from a Male withNarcissistic Personality Disorder

This male is an ex boyfriend who manipulated and used my past domestic issues to coerce me into giving him money and purchasing expensive items for him. We split up 3 months ago and recently I was diagnosed with am aneurysm.

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

You can sue Santa Clause but it's no use unless the person you sued is able to pay if you win. But suppose he is able to pay... I'm not sure what the cause of action would be. You are considering suing someone with a mental disorder for the way they behave BECAUSE of their mental... Read more »

3 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: How do I get my children back when non-custodial parent will not release

Non-custodial parent signed children up for daycare without my authorization, when I went to daycare they would not release them. Since there has been some abuse in this case, I did not want to go to Ron custodial parents home so my mother went to pick them up and she was abused. 911 was called... Read more »

Amir Tavakkoli
Amir Tavakkoli answered on Apr 5, 2021

You would need to file a writ of habeas corpus and or a petition/motion for enforcement against noncustodial parent. If you win, the judge can issue a capias for his arrest if he still doesn’t return the children. Police usually won’t get involved unless there’s a capias issues against a person.

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1 Answer | Asked in Criminal Law, Domestic Violence and Internet Law for Texas on
Q: Our business received a threat posted online from a customer. Is a restraining order, or other legal action, advisable?

Without getting into specifics, a customer posted the following comment as feedback to a purchase he made from our business, "U BE THE 1ST GUY I SHOOT". There were also emails sent with profanity, as well as a comment posted on our Facebook page. The customer is located in a different... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 26, 2021

A restraining order is issued in the context of a CIVIL case but it expires when the case ends. That said, sending a death threat and multiple harassing electronic messages can be the basis for a criminal Stalking case... and the victim of a Stalking can apply for a Protective Order... and that is... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: How can I remove a no contact order on the defendant if I’m the victim
Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 20, 2021

You can't. Only the judge can do that. However, you can ask the judge to do it. The judge will want to be assured that the change will not put you at risk of additional trouble.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can I get a Emergency restraining order off if u can't afford a lawyer to help you

Will March 5th my boyfriend or fiance got arrested Well they have put an emergency protective order on him I did not want that nor Anything on him because he didn't do anything to me He did not hurt me any kind of way Well I I want to the county clerk Me a paper to fill out and then take it... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 20, 2021

This type of order means he was arrested for a crime against you. You can try to talk to the prosecutors at the office of the District Attorney in the county where the case is pending. You could also try to talk to your boyfriend's criminal defense attorney.

The rules for removing a...
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1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Texas on
Q: Hello, I was wondering if anyone is willing to take a case regarding a murder defense.

Im looking for a lawyer that is willing to pro bono and help me beat my oldest sisters self defense charge regarding her being charged with murder. Is anyone available?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 15, 2021

If defended properly, a case like the one you described could end up consuming most of the attorney's attention for months if not years. If the attorney is not charging for that time then she will need to make up the difference in some other way, most likely by taking extra cases and working... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Texas on
Q: Can my mother in law kick her husband out of her home if she is the sole owner of said home?

My mother in law recently brought her husband to texas from jamaica, legally of course. They were married in jamaica and i am not exactly sure the path she took to bring him over here. She is the sole owner of both the home she just purchased and the home she has had for years prior to them getting... Read more »

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

No, not without an eviction. If you threaten him with a firearm, you will commit Aggravated Assault with a Deadly Weapon, which is a felony of the second degree punishable by up to 20 years in the state penitentiary and a fine up to $10,000. If you actually shoot him then you could be facing 5 to... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Can a illigal immigrant fix papers of they have a dometic violence on their record but it was dismiss?

Are you married? If so, what is your spouse’s immigration status? Yes we are married,he is illegaly here and I have papers

Do you have a child born in the U.S.?yes we have a child

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 9, 2021

This question should be answered by an IMMIGRATION attorney. Most of the attorneys who see questions marked "domestic violence" practice in the areas of Criminal Defense or Family Law. You should re-post this question and select "Immigration Law" as the practice area so it... Read more »

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

I sent in evidence to district attorney for domestic violence. Can I withdraw the evidence? Is there anything I can do for them to not use it in court?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

You can ask them not to use it but you can't really unring a bell. The DA will probably need your cooperation to introduce the photo into evidence... and that basically means you would testify about things like the circumstance of when, where, and why the photo was taken, that it is an... Read more »

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

I sent in evidence to district attorney for domestic violence case. Will they DA notify defendant of evidence before the court date?

Kiele Linroth Pace
Kiele Linroth Pace answered on Mar 7, 2021

Yes, if the defense attorney is diligent enough to request copies of all evidence and the DA is both (1) organized enough to realize the evidence you sent relates to this particular case and (2) is honest enough to not hide it.

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

I am victim of domestic violence. I sent evidence in to District attorney. Will the photos be presented in court? Will the defendant know about the evidence and be able to see the photos in court?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Mar 6, 2021

The defendant will have access to all the State's evidence, including the photos, usually no later than the first setting of the case in court. This first setting usually comes months before any trial setting, so the defendant will have knowledge of and access to those photos even if he/she... Read more »

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