Texas Domestic Violence Questions & Answers

Q: We have been together for over 20 years. We have referred to eachother as "wife" and "husband" but we haven't had a

2 Answers | Asked in Divorce, Family Law and Domestic Violence for Texas on
Answered on Mar 7, 2019
Kiele Linroth Pace's answer
The divorce part of the question should be answered by a Family Law attorney. If there has been physical violence that caused pain then you can go to the Travis County Attorney's Office (downtown at 11th and Guadalupe) and apply for a Family Violence protective order. At the end of the application process they will ask about the dog.

https://www.traviscountytx.gov/county-attorney/family-violence/obtaining-po

Q: Can a prior off my record charge when I was in foster care enhance current charge? Both same charge just 8 years apart

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Answered on Feb 27, 2019
Kiele Linroth Pace's answer
I'm assuming the charge was Assault since this question is marked "domestic violence" and Assault is one where the level of the offense can be raised by a previous conviction. For example, the offense named "Assault Causing Bodily Injury - Family Violence" is a class A misdemeanor punishable by a maximum sentence of 1 year in county jail or 2 years probation. However, if the defendant has a previous conviction it can be filed as a third degree felony, punishable by up to 10 years in the...

Q: How do I remove a eviction off of my credit? When I try to rent a decent place I can't due to credit& rental history?

1 Answer | Asked in Real Estate Law, Domestic Violence and Small Claims for Texas on
Answered on Feb 18, 2019
Kiele Linroth Pace's answer
Chapter 92 of the Texas Property Code describes the proper way to break a lease in a domestic violence situation. If you didn't take that path, you might find release through Rule 76a of the Texas Rules of Civil Procedure but it will be an uphill struggle because the presumption is that court records should be public.

Q: I received steriod injection for spinal. I is acted in violence and agression charged with felony assault obstructing

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 22, 2019
Kiele Linroth Pace's answer
You should discuss this defense privately with your criminal defense attorney rather than posting it on a public website where everyone (including the prosecutors) can see it.

Q: How can I get CPS to remove my grandchildren from a violent home of physical abuse.

1 Answer | Asked in Domestic Violence for Texas on
Answered on Jan 22, 2019
Kiele Linroth Pace's answer
If the children are being physically abused you should report it to law enforcement.

It may also be possible for you to file a Family Violence protective order on their behalf.

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?

2 Answers | 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.

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