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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: No evidence in my file and it's almost trial
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 19, 2022

So? Were you expecting the police and prosecutors to put evidence in the public file? Ask your criminal defense attorney what evidence she has received in discovery and if she has everything she requested. She should be able to show it to you (except other witnesses' private information) and... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: What does M RVK/ASSLT FHM IMP B CIR stand for?
Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

My guess is: Motion to Revoke / Assault Family or Household Member, Impeding Breath or Circulation.

Unfortunately, there is no standard set of abbreviations and the only way to be 100% certain is to ask the office responsible for it... all anyone else can do is guess. The attorneys...
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1 Answer | Asked in Domestic Violence, Elder Law and Personal Injury for Texas on
Q: If I live with an elderly person and they are harming , neglecting and falsely accusing me of abuse. Can I get in troubl

We are no longer a couple we share different rooms in the same home. She called aps on me several times and self harms herself to say I caused it . She makes herself fall and will sit there without letting any one know she's fallen just to tell them I left her on the floor for hours. , she... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

You can be arrested and charged with a felony if a law enforcement officer believes that you physically hurt an elderly person, or that you neglected a duty to prevent them being hurt. The safest thing is to remove yourself from the situation.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Texas on
Q: What do I do if my ex is constantly texting me vulgar messages after asking her to stop

Police won’t do anything, do I need to take her to court, will she have to pay for legal fees if I do? We have 2 kids together so we need to talk ANOUT THE KIDS but she is constantly tearing me down. SHe hates my girlfriend and talks bad about us to the kids.

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Respond that you are only willing to talk to her about the kids. Do not respond to anything else she sends. If she continues to send those messages after you have been 100% clear AND you have stopped responding, then she is committing the crime of Harassment. The cops probably won't do... Read more »

1 Answer | Asked in Criminal Law, Collections, Domestic Violence and Small Claims for Texas on
Q: I have some personal property voluntarily held at a friend's house whom is now suddenly claiming it as his own to sell

It's a very large slab of wood worth over 1000 in it's raw form. It is really heavy so I have to get help to move it (31, F) There have been several times when he could have stated his sudden belief of ownership, but even the day it came into question he tried to hide what he was doing... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Jan 18, 2022

Don't go trespassing, and especially not during the nighttime with the intent to recover property that he thinks belongs to him. If he has a decent attorney, he would probably get away with shooting you dead under those circumstances.

Frankly, this sounds like a matter for civil...
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1 Answer | Asked in Domestic Violence, Criminal Law and Constitutional Law for Texas on
Q: After a family violence arrest can the right to purchase a firearm be reinstated?

My husband was arrested for a felony assault charge from his ex wife. The alleged assault was said to have happened when my husband supposedly closed a car door on his ex wife leg. This happened in 2011 right after their split. The alleged assault never happened and because of lack of evidence on... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Jan 1, 2022

An arrest which does not result in convictioin or probation will not keep your husband from purchasing and possessing a firearm.

1 Answer | Asked in Domestic Violence for Texas on
Q: If someone have dv charge and it gets dropped does the violation of an EPO get dropped as well?
Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 31, 2021

No, not automatically. They are separate crimes but the prosecutor could dismiss both charges if they wanted to.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can I be extradited from OK Jail to TX jail if there is a in state only pick up warrant?

I might be going to county jail soon, and found out that I have a warrant in Texas that's in state pickup only. They tell me it's for EPO violation, and I have a court date set here for EPO hearing too. If the warrant is for in state only will they send me to Texas for that?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Nov 11, 2021

When you received your probation in Texas, you probably, as a condition of that probation, waived your right to fight extradition from another state. The question is not will Oklahoma send you to Texas, the question is will Texas come to OK to bring you back here. This question cannot be answered... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: What are some ways a person can prove they are innocent if another falsely accuses them of domestic violence?
Michael  Mayoral
Michael Mayoral answered on Oct 29, 2021

Legally speaking, you don't have to prove your innocence, the State has the burden of proving you are guilty beyond all reasonable doubt. However, useful evidence of innocence is, for example, witnesses to the incident who can testify on your behalf, text messages or any other evidence of the... Read more »

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...
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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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