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Texas Domestic Violence Questions & Answers
3 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can get a Misdemeanor off of my record that was dismissed back in 2012?
Jose A. Ceja
Jose A. Ceja
answered on Dec 27, 2022

If it was dismissed, you are *probably* eligible for an expunction.

An expunction is a legal procedure that results in all records of the arrest being destroyed. Once your expunction is done, criminal records searches should not show a record of the arrest (right now it likely shows that...
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2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: A situation happened where I was hit in the face with a door due to domestic dispute between my friend and her boyfriend

I was unaware of what had happened prior to them getting to the house. I went to the bathroom my friend was using at the time to pick my purse up off the ground. I closed the door and when I went for my purse, he kicked the door open to the bathroom and it hit me in the face. I never press charges... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Dec 22, 2022

It sounds like your "friend" has now committed the felony of Tampering With a Witness against you. See Section 36.05 of the Texas Penal Code.

It may be in your best interest to stay away from these people. Depending on which jurisdiction put you on probation and when, it may...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Domestic Violence and Juvenile Law for Texas on
Q: My fifteen year is currently being put on a protective order by his ex girlfriend. The messages dont match story

Yet there is no evidence of any physical abuse or violence all hersay. Her world against my son’s word and the text messages at the time of alleged events.

John Michael Frick
John Michael Frick
answered on Dec 8, 2022

Her word is evidence. The court will evaluate her testimony and your son’s testimony in light of other evidence including the surrounding facts and circumstances presented in the hearing.

If you think contemporaneous text messages are inconsistent with what she will say, you should...
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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can I request a drug test and psychological exam for my exes boyfriend who recently moved in with her and my 2yo?

We are about to go to court for an SACPR where the custodial parent has requested a drug screening and psychological exam for me, among many other requests. Am I allowed to request the same of her recently moved in boyfriend? I have concerns because he has a criminal history that includes arrests... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2022

You can request them, but be prepared to pay for them. A basic psychological exam will cost you about $5,000. That will not include any testimony.

The facts asserted by you in your question suggest you likely don’t need them. Your money would be better spent hiring a competent attorney...
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1 Answer | Asked in Domestic Violence for Texas on
Q: Nobody was arrested on scene. Do this mean were in the clear?

The girl I was dating had struck my face while we were out after an argument. we both took seperate ubers back to her place where I had my dog and, clothes, car keys which I needed. There was a good amount of alcohol involved. Police were called but nobody was arrested. I told them about the... View More

Brian Marc Roberts
Brian Marc Roberts
answered on Dec 5, 2022

The answer is maybe. Usually, police will arrest the accused at the scene in a family violence case. An assault in a dating relationship is considered family violence. Your case may have been referred by the DA for further investigation, which is one explanation for why she was not arrested. In... View More

2 Answers | Asked in Appeals / Appellate Law and Domestic Violence for Texas on
Q: Is there any way for me the "victim" to appeal a lifetime protective order bc I no longer wish to have a protective orde

I don't want this protective order in place and I lied on the hole thing just cuz my sister wanted me to get one an I thought I could just remove it at any time.

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 23, 2022

You're probably looking at a Motion to Vacate / Request to Modify rather than an appeal. If the judge won't agree to vacate then the request to modify gives you a backup of simply removing the no-contact and keep-away conditions... that leaves VoPO on the table in case of future... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Domestic Violence for Texas on
Q: I want to know in Texas, what is the timeframe allotted to hold trial after indictment and what is the code on this?

I feel my attorney has waived my right to fair and speedy trial. I have not consented to this and he has not informed me that he has or not. But being that I’ve been in this case over 2 years, going on 3 I feel that this is the case. I am looking for an answer to this question due to the fact... View More

Kiele Linroth Pace
Kiele Linroth Pace
answered on Nov 17, 2022

The law does not require a specific number of days or months. You DON'T have a right to a speedy trial until formal charges are filed, which for felonies means a grand jury indictment... but the clock on the statute of limitations does tick, and that does have a specific timeframe defined in... View More

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1 Answer | Asked in Animal / Dog Law, Domestic Violence and Small Claims for Texas on
Q: How can I obtain legal ownership of dogs shared with an ex-boyfriend who is withholding them to coerce me to stay?

In order to leave an emotionally abusive relationship, I had to leave without my dogs. The dogs were abandoned in our care by his sister 3 years ago. She told my ex that we could keep them or give them to her dad, who is disabled & unable to care for pets. Giving the dogs to the dad would... View More

John Michael Frick
John Michael Frick
answered on Oct 26, 2022

Since the dogs were given to you both, you own them as tenants in common.

You can petition a court to partition them in kind or to have them sold and divide the proceeds equally between the two of you.

1 Answer | Asked in Domestic Violence for Texas on
Q: How can I get footage that will prove that I wasn’t there

I have all the evidence that I was in another city the entire day of the attack

John Michael Frick
John Michael Frick
answered on Feb 22, 2024

Identify who has possession of video footage showing you in another city and serve them with a subpoena duces tecum to produce it.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Texas on
Q: I asked for a divorce from my emotionally abusive husband. How can I make it legal with no money?

Im not sure what my rights are or what to do next. I want this to happen soon. I’m afraid that I’ll get stuck here.

Todd B. Kotler
Todd B. Kotler
answered on Feb 7, 2024

Many courts allow you to file by also filing an affidavit of poverty (sometimes styled as a motion to waive fees or "in forma pauperis"). Se which of these your county's court requires by local rule. Good Luck.

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Texas on
Q: Hi, how can I print out a case to read if I'm not a lawyer
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

Each county in Texas has it's own website. On most web sites, you can get basic access to the court records of criminal cases. If the county you are concerned with does not have such access, you can go to the Clerk's office and ask for a print out of any charges against anyone.

Good Luck!

1 Answer | Asked in Personal Injury, Child Custody, Civil Rights and Domestic Violence for Texas on
Q: Covid locked me in with my abuser just after I involved the law. I feel horrifically failed and broken. What can I do?

Ten years of being terrorized, i tried to leave before, he uses coercion, death threats, our child, and display of his wrath to keep me in his box. I decide I'll take my chances because ill die if i stay, press charges for felony assault, covid locks us down. He's 1000x worse because I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 2, 2024

In your situation, where you have faced prolonged domestic abuse and manipulation, it's crucial to seek immediate legal and protective assistance. Your safety and the safety of your child are of utmost importance.

Given the complexity of your case, involving domestic violence,...
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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I cannot afford a lawyer,left a domestic situation last year my stbx just got a lawyer are there any pro bono available?
John Michael Frick
John Michael Frick
answered on Dec 26, 2023

Yes, there are a number of pro bono legal clinics throughout the State of Texas including in the Greater Houston area. Justia's listing for such pro bono services can be found at: https://www.justia.com/lawyers/texas/legal-aid-and-pro-bono-services

1 Answer | Asked in Domestic Violence, Family Law, Divorce and Child Custody for Texas on
Q: I’m a survivor of dv (domestic violence) and I moved out of state to tx after finding out he came to the same state.
Carmen Rosita Rojo
Carmen Rosita Rojo
answered on Dec 13, 2023

You need to consult a family law attorney to determine the county you need to file, and whether you qualify for some type of protective order. You need to live in Texas at least 6 months to file the suit regarding your child.

1 Answer | Asked in Domestic Violence for Texas on
Q: ASLT FAM/HH MEM W/PREV CONV Is the charge singed for 15 years. Goes up for parole in 2024

Doesn’t have any other convictions. Does he have a good chance at making parole? Would it be good to get a parole lawyer?

Daniel De La Garza
Daniel De La Garza pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

It's hard to answer this question without knowing more information but yes it's definitely a good idea to get a parole lawyer who will put together a parole packet for the Board to review.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: My husband was arrested for assault household/ family member with previous conviction IAT in Texas.

He shoved me so hard that I fell and fractured my elbow. He was arrested and I had a friend drive me to the hospital. Will I have to go to court? How will anyone in the court know my elbow was fractured? How long does it take to get a court date in Brazos County? He emailed me and said he was being... View More

Grant St Julian III
Grant St Julian III
answered on Oct 19, 2023

You understandably have a lot of questions which cannot be adequately answered in this forum. Your husband will need an attorney. Start calling lawyers in your area. Good luck.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Texas on
Q: Code of Criminal Procedure 15.03 and 15.04. What magistrate in Lubbock takes criminal complaints?

I am trying to file a complaint as a civilian for Domestic Assault with a magistrate but I can't find a magistrate in Lubbock to take the complaint. The victim has over 30 pictures of injuries to include in the complaint.

Grant St Julian III
Grant St Julian III
answered on Sep 18, 2023

Contact local law enforcement/police, not a magistrate. Good luck.

1 Answer | Asked in Domestic Violence and Divorce for Texas on
Q: I am a victim of domestic violence, my husband has been charged twice out of montgomery county and currently has a

Protective order and gps monitor to prevent him from coming to his house. He said he filed for divorce but I have not been served. I'm looking for affordable legal help as I haven't worked in 3 years and finally start a job tomorrow.

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

I am not sure of you exact question, but call the local Bar Association if you need legal representation and cannot it. Good luck.

1 Answer | Asked in Family Law, Civil Rights, Domestic Violence and Sexual Harassment for Texas on
Q: Wen arrested can P O denie u from getting ur own appointed lawyer or tell u that by force u have to get the lawyer they

Appoint u…. And wen talking on fone with family Can they stand next to u and listen to ur conversation and if they hear anything u say they dnt like Can they take the fone from u and hang up the fone from u

Grant St Julian III
Grant St Julian III
answered on Aug 28, 2023

What you describe, in my opinion, is not illegal. Talk with your lawyer. Good luck

1 Answer | Asked in Civil Rights, Domestic Violence, Municipal Law and Small Claims for Texas on
Q: Is it illegal for my girl to have our car towed for no reason other than to anger me?

We are joint owners of the car no "and/or" on the title. Just has her name and my name. She has had a gps tracker put on it, and whenever she thinks I am somewhere I shouldn't be, she will have the car towed. What can I do, if anything.

Thanks in andvance

John Michael Frick
John Michael Frick
answered on Aug 19, 2023

You can file a suit for partition by sale. You can then use your share of any proceeds to buy a different car and not put her name on it.

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