Texas Domestic Violence Questions & Answers

Q: Hello, I have my 16 yr old daughter in court on a family violence charge. Judge says I need a lawyer, cant afford

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Juvenile Law for Texas on
Answered on Jan 9, 2019
Rahlita D. Thornton's answer
Inform the court of your inability to pay and you may be able to get court appointed counsel for no charge.

Q: I need a precedent where an abused woman did not lose her children. How do I find?

1 Answer | Asked in Domestic Violence and Child Custody for Texas on
Answered on Jan 4, 2019
Rahlita D. Thornton's answer
An abused woman should not lose her children just because she was abused. Good luck in your case.

Q: I was charged with the family violence girlfriend saying I hit her in the face and I did not Hit her

1 Answer | Asked in Domestic Violence for Texas on
Answered on Dec 27, 2018
Kiele Linroth Pace's answer
Suppose that Joe shot Steve with a handgun. How do you think it would go for Joe if his argument was "I didn't hurt Steve, the bullet hurt Steve. I didn't even touch the bullet. All I did was squeeze the trigger. Don't blame me, blame the bullet!"

If you intentionally, knowingly, or recklessly hit the sun visor, which caused the sun visor to flip up and hurt her, then you committed assault.

It sounds like the more serious accusations are that you pulled her hair and hit...

Q: How does one report abuse if the individual is over 18 but being abused by a parent? She is afraid to do it herself.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Dec 17, 2018
Kiele Linroth Pace's answer
Do you mean she is afraid to report it to the police?

Perhaps she can get help from the domestic violence hotline at 800−799−7233.

If the abused person is disabled you might be able to report it to Adult Protective Services.

Q: What are my rights a s victim as it relates to privacy? Are there laws that forbid businesses from giving my name out?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Dec 7, 2018
Kiele Linroth Pace's answer
There are limits to how certain information can be used by lawyers for advertising but criminal court records are generally public documents, and copies are available at the clerk's office at the courthouse. However, phone number of the victim may not be a part of the court file and, as far as reasonably practical, the address of the victim may not be a part of the court file except as necessary to identify the place of the crime.

There are a few other rights, especially for victims...

Q: How can emotional/verbal/narcissist abuse be proven in court? And how can it affect divorce outcomes?

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Answered on Dec 3, 2018
Ruby K Bolton's answer
You give a lot of examples of how you can prove verbal and emotional abuse in your question. Your own testimony at court is the most obvious. Anyone who has seen or heard your husband be abusive to you would also be a potential witness. The pictures and audio recordings are admissible, as is the smashed cell phone. If he is trying to get custody or you are requesting that he be awarded only supervised visitation, and he is resistant to this, you can request an Amicus Attorney be appointed to...

Q: In verbally/emotionally abusive relationship... what evidence is accepted in court? Audio/video recordings allowed?

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Answered on Nov 24, 2018
Rahlita D. Thornton's answer
If you think that you are in jeopardy of physical violence staying to get evidence is not advisable. You can file for divorce and get certain temporary orders in place to provide for payments of bills and rent/mortgage depending on your specific circumstances. The evidence can be reviewed and an attorney should be able to tell you if they can use it in your case. But, you do not need any evidence to get a no fault divorce which the courts will easily grant.

Q: I can't buy a weapon because of 2 domestic violence charges and no felony offenses is that legal they were misdaminors

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Answered on Nov 17, 2018
Kiele Linroth Pace's answer
If you have been convicted in any court of a misdemeanor crime of domestic violence then it is a violation of federal law for you to possess firearms or ammunition. US Code Title 18 Section 922(g)(9)

It is also a federal crime for a person to sell you a firearm (or even gift it to you) if they have reason to believe you have been convicted of a misdemeanor crime of domestic violence. US Code Title 18 Section 922(d)(9)

This law was passed in 1996 and its Constitutionality has...

Q: What is the process for a divorce with an active protective order currently in place?

1 Answer | Asked in Divorce and Domestic Violence for Texas on
Answered on Nov 16, 2018
Rahlita D. Thornton's answer
You can still get a divorce. However, Texas has some time guidelines on whether you are eligible to file in Texas. You or your husband has to have as your domicile Texas for 6 months and be a resident of your county for the last 90 days prior to your filing. If you are in a hurry then you may want to proceed in Louisiana. That state has their own rules on their filings and as such can not advise you on those. Good luck to you and stay safe.

Q: I have a friend who was a victim of domestic violence. She is being bullied by a court appointed counselor to face her

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Answered on Nov 12, 2018
Kiele Linroth Pace's answer
She needs a Family Law attorney with experience dealing with child custody cases.

Q: I' was 22 at the time I have mental disability and was assaulted by Omar Rodriguez striking out a chip of my back tooth

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Oct 29, 2018
Grant St Julian III's answer
You may contact an personal injury attorney in your area if you want to file a civil suit against an individual.

Q: I reported my husband for domestic abuse. How can i drop the charge and not go further with it?

1 Answer | Asked in Domestic Violence for Texas on
Answered on Oct 27, 2018
Kiele Linroth Pace's answer
You lose control of the situation when you report it. If a criminal case has been filed, only the prosecutor can dismiss it. The prosecution is required to “consider” your input, but they often decide to pursue domestic violence charges against the wishes of the alleged victim. You can tell them you hope they dismiss the charges and/or that you don’t want to testify in court, but ultimately it is their decision now.

It may be that the best you can do is approach the defense...

Q: Would it be appropriate to go to my ex's court date and ask to speak to the judge and try and get charges dropped?

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Oct 27, 2018
Kiele Linroth Pace's answer
It is the prosecutor's duty to decide whether or not to dismiss a criminal case. The prosecutor also has a duty to CONSIDER the wishes of the alleged victim. In domestic violence situations they often decide to prosecute anyway, against the wishes of the alleged victim, but they won't even know your wishes unless you tell them.

The alleged victim of an assault is an important witness. Maybe even the MOST important witness! Our office focuses on defending assault cases and we usually...

Q: I was pregnant and the baby’s dad was high and drunk and tried to strangle me. I no longer want to proceed.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Answered on Oct 27, 2018
Kiele Linroth Pace's answer
Their argument is that you are not a good parent if you allow your child to be around people with a history of being violent, drunk, and high.

It would be wise to hire a local Family Law attorney who has experience dealing with CPS (Texas Department of Family and Protective Services.)

Q: How long do I have to report a domestic violence assault? I have witnesses and pictures.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Oct 23, 2018
Kiele Linroth Pace's answer
You can contact the non-emergency number for your local law enforcement agency and make a criminal complaint. The statute of limitations is 2 years on misdemeanor assault so it is possible they will pursue charges. However, it is also possible that they won't and instead prioritize current cases where victims are still in danger.

Photos are not great evidence because, although they can show that a person was injured, they don't show HOW the person was injured.

Q: How do I obtain a no contact order? It was part of the offenders condition to be released from jail. I am the victim.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
It could be either a condition of a pretrial jail-release bond or a magistrate's emergency protective order ... or I suppose it could be both. It is a public record so you can get copies from the office of the court clerk. Certified copies are significantly more expensive.

Q: Quickest way to modify or vacate no contact order for family domestic violence I want to be back in my home

1 Answer | Asked in Domestic Violence for Texas on
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
A no contact order like this can be either a condition of a jail release bond or a condition of a magistrate's emergency protective order or both. If you have both, then both need to be removed, otherwise you could be charged with a new crime for any violation.

These orders are issued by a judge and can only be modified or vacated by the judge. Your criminal defense attorney is probably the most appropriate person to file the motion, but if the alleged victim convinces the...

Q: If i reported a child molester and mother who is involved how do i get involved in helping this young girl? No arrests.

1 Answer | Asked in Criminal Law, Domestic Violence and Juvenile Law for Texas on
Answered on Oct 22, 2018
Kiele Linroth Pace's answer
Report abuse, neglect, or exploitation to the Texas Department of Family and Protective Services (aka CPS) by calling 800-252-5400.

Q: What should I do, my girlfriend tried to run me over during an argument.

2 Answers | Asked in Criminal Law, Personal Injury and Domestic Violence for Texas on
Answered on Oct 16, 2018
Grant St Julian III's answer
Make sure you don't give any falses statements to the police to try to protect her. You may let the investigators know you do not want to pursue the matter, but don't get yourself in trouble by lying.

Q: I'm 16 and I'm 6months pregnant by a 26 year old male,and he even hit me twice when I was pregnant will he get in troubl

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Sexual Harassment for Texas on
Answered on Oct 15, 2018
Kiele Linroth Pace's answer
He could end up serving time in the state penitentiary for sexual assault and then spending the rest of his life on the sex offender registry.

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