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Texas Domestic Violence Questions & Answers
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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2 Answers | Asked in Domestic Violence and Criminal Law for Texas on
Q: My daughters ex husband has harassed her for over a year by phone, text,in persons what can she do?

He is now doing same thing to a man she is dating. She keeps him blocked and just contacts him concerning his visitation with children. Is their anything legal she can do to get him to stop.. We are also concerned about it turning to physical violence.

Rick  Davis
Rick Davis answered on Mar 5, 2021

If this happened in Texas, she should file a complaint with the local police department for Telephone Harassment. It is a crime in Texas.

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1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: Will I get in trouble for accidentally sending in the wrong evidence?

I am a victim of domestic violence. I accidentally sent in the wrong photos for evidence to the district attorney. The photos were from a whole different assault. I plan on calling DA to inform. Will I get in trouble for sending in wrong photos by accident?

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Feb 26, 2021

You will not get in trouble for sending in the wrong evidence so long as you promptly notify the DA of your simple and wholly innocent mistake. The only way you'd ever get in trouble over this is if the DA believes you sent in the wrong evidence on purpose and are only trying to withdraw the... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Can I sue ex husband for leaving me a lip scar after he punched me, and emotional abuse when we were married ?

I was sexually abuse when I was little by one of dads brothers. My ex husband knew this and when we would argue he would laugh at me calling me names and saying that I liked what my uncle did to me and blamed me for letting that happen to me when I was only 5 years old. I wanted to just get... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 24, 2021

You should re-post this question except with Personal Injury as the practice area instead of Domestic Violence. It is not usually worth it to sue someone unless they have the ability to pay so it is probably a good idea to include in your question a list of what types of assets your ex-husband... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: I want to get my wife's domestic assault with endangering a family member dismissed.

Me and my wife were arguing and she reached the wits end. She struck my shoulder and back leaving very minimal pink marks. I called 911 for the report. They took her and charged her. My wife had no previous history, has a degree in synography and is a great mother. Also kids were never witness to.... Read more »

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

To win a conviction for Assault - Bodily Injury / Family Violence, the prosecution must prove that she intentionally, knowingly, or recklessly caused painful physical contact. Based on your statements it appears they will be able to do that unless there is reasonable doubt that her actions were... Read more »

1 Answer | Asked in Domestic Violence for Texas on
Q: Does a no contact order stop my attorney from speaking to the victim of the charge?
Kiele Linroth Pace
Kiele Linroth Pace answered on Feb 11, 2021

No, the alleged victim is probably the most important witness. There are, however, several reasons why an attorney should be VERY careful about talking to the alleged victim in a domestic violence case.

Perhaps most importantly is the fact that an attorney can't be a witness in the...
Read more »

1 Answer | Asked in Domestic Violence and Sexual Harassment for Texas on
Q: Mi esposa me acuso de abusar sexualmente de ella.la verdad es otra . Que me aconseja hacer?

Mi miedo es que no me den oportunidad de defenderme y le crean por ser mujer

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

Usted necesita un abogado de defensa criminal.

2 Answers | Asked in Domestic Violence for Texas on
Q: What steps should I take to ensure the best possible outcome with my boyfriend's domestic violence case(s)

My boyfriend/domestic partner has been arrested twice for domestic asualt on me and charged with a F3 both times. I didn't press charges the first time, and the second time when asked I said yes but I never filled out a statement. If I never did that part, or got in touch with any law... Read more »

Rick  Davis
Rick Davis answered on Jan 17, 2021

If you believe that there is hope for the relationship and that you will not be in danger, I suggest contacting the victim's assistance coordinator at the District Attorney's office and tell that person that you are more concerned about your boyfriend getting therapy/rehab than seeing him punished.

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1 Answer | Asked in Divorce and Domestic Violence for Texas on
Q: I need to get a divorce I have lived in Texas for 5 years I am a domestic abuse victim from Minnesota I am on SSDI

I have CPTSD as a result of my 20 year marriage - I have worked for over 35 years and am now homeless - I have not worked since my breakdown and hospitalization 2016 - I see a therapist 2 c a week - I think I can cope with what is needed to finally get a divorce - I am not seeking anything he can... Read more »

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

Try contacting Legal Aid here: https://www.trla.org/domestic-violence-family-law

If that is the wrong branch, ask them for a referral to the proper location based on where you live.

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I commit disaster fraud then accuse veteran owner of domestic protective order steal $17000.00

Why can't I file criminal charges for theft while accused

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 30, 2020

Contrary to what we see on television, crime victims don't really FILE criminal charges. What actually happens is citizens report offensive behavior to law enforcement officers and then they decide whether or not they have probable cause to believe a crime was committed within their... Read more »

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Texas on
Q: Can he still get custody/visitation in a domestic violence situation with a protective order and arrests?

Ex boyfriend and I have one child, a toddler. The child lives with me. Ex has been arrested for his violence and stalking (both felonies, trial has not yet been set; the violence in this charge was against the toddler), and I've had an Emergency Protective Order, Ex Parte Temp Protective Order... Read more »

John J. Pfister Jr.
John J. Pfister Jr. answered on Jan 1, 2021

The Family violence is a factor but short answer - can he - possibly. However, even if family court grants visitation, bond conditions from criminal court may prevent access. He is likely going to have to the Court that granted the PO to modify the PO to allow access.

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1 Answer | Asked in Constitutional Law, Construction Law, Domestic Violence and Education Law for Texas on
Q: Remedies for protective order falsely obtained

Protective orders used to recover property coowner

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 27, 2020

If you were served notice of an upcoming protective order hearing, and the attached application included false accusations, then you should hire an attorney to contest the issuance of the order. A protective order is a civil matter, even if the justification is an accusation of criminal behavior,... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: May I request that Tolling begin from the end date of my completion of intensive Cognitive Behavioral Therapy?

Emotionally distraught from witnessing the aggravated kidnapping of my children 3 mts prior, I did not have the mental capacity to give an accurate testimony regarding domestic violence that frequently occurred in my home. He knew what absconding with our children would do to my emotional... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 17, 2020

Tolling what? The protective order? The duration of a Family Violence Protective Order is set at the time of the original order and it is not possible to extend an order through the modification process. However, it is possible to extend a protective order if it expires while the respondent is... Read more »

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Protective Orders, does a custody order granted through a motion to modify the order expire with Protective Order.

Wouldn't the Custody Order supercede the Protective order per 85.009 of Texas family code? A Final protective order was granted against my ex on my daughter's behalf. I was named at the time to have exclusive possession. My ex filed a motion to modify the protective order asking that my... Read more »

Michael Hamilton Rodgers
Michael Hamilton Rodgers answered on Dec 13, 2020

What your ex is saying about the order is not going to control the case obviously. However, in order to answer your question, I would have to see the actual orders, all of them, that have been entered in the case. You need to get those orders to a family lawyer quickly or you, your daughter and... Read more »

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1 Answer | Asked in Domestic Violence for Texas on
Q: Please explain me how is it possible , that judge make rulings against petitioner in Domestic Violence Case?

Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?

Kiele Linroth Pace
Kiele Linroth Pace answered on Dec 5, 2020

In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.

Evictions are paused in some jurisdictions because of...
Read more »

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