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Texas Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: If I was in emotional destress from mental abuse and allegedly harassed the abuser, can I get charged with harassment?

If in a state of emotional distress and mental anguish from mental abuse, can I get charged for allegedly harassing or stalking the abuser because I allegedly called 300 times and allegedly was parked down the street? No threats of violence or intent.

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 29, 2023

Unfortunately, the past experience with someone does not shield you from getting a criminal charge with that same person being the "victim."

The past may be part of your defense in court, but is not a free pass.

I hope this helps.

1 Answer | Asked in Criminal Law, Animal / Dog Law and Domestic Violence for Texas on
Q: How do I get my service animal back from my ex who stole her from me after having me arrested and restraining order

He has been putting his hands on me for a yr and he kidnapped my service dog after he had me arrested for defending myself for the first time ever she is registered to me I have had her 6yrs I have only been with him a yr

John Michael Frick
John Michael Frick
answered on Jun 17, 2023

Send a letter demanding the return of your dog, then file a suit for replevin in a justice of the peace court where your ex lives

1 Answer | Asked in Personal Injury, Civil Rights and Domestic Violence for Texas on
Q: if an 18 year old male and a 16 year old female fight who would be in the wrong?
John Michael Frick
John Michael Frick
answered on May 30, 2023

It depends on the facts and circumstances leading up to the fight.

1 Answer | Asked in Divorce, Domestic Violence and Sexual Harassment for Texas on
Q: I Just had last minute surgery. Court is Tues. I was never told a new hearing date for continuance. How can I file then?

Pro se- Efile in Texas. Only order given was of a final hearing April 11 that was post marked March 22. I called multiple times explaining the ordeal and just getting transferred and not helped. I also need more time for evidence and legal.

John Michael Frick
John Michael Frick
answered on Apr 10, 2023

You need to file a verified motion for continuance attaching an affidavit or sworn declaration detailing the medical issue and necessity for your surgery. It would be beneficial to attach sufficient medical records to demonstrate your procedure is not elective and cannot wait.

1 Answer | Asked in Domestic Violence for Texas on
Q: My son was charged with family violence I need to ask questions about it I am the alleged victim he did not hit me

We were having an argument and he was just trying to get me out of his face but they filed family violence on him and it wasn't family violence he did not assault me he just put his hands on my neck to move me backwards

Penny Wymyczak-White
Penny Wymyczak-White
answered on Apr 5, 2023

There should be a body cam on what you told the police. He needs a criminal defense lawyer

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: What can I do about my ex husband trying to claim he is too ill for child support?

My ex husband was an abuser that drinks & abused substances. I tried to leave with my kids that I solely provided for. He would threaten to kill us every time & we could never get out. In 2014 we finally got divorced (thanks to a pushy mistress) & he still wouldn't let us go. He... View More

Jonathan Tanaka
Jonathan Tanaka
answered on Apr 4, 2023

The attorney general's office should be able to work on getting that back for you -- I would recommend reaching out to them. Before doing so, make sure you have a copy of the divorce decree so you can provide them with the cause number.

I wish you all the best!

1 Answer | Asked in Criminal Law, Child Custody and Domestic Violence for Texas on
Q: What can happen in Texas to a man who is an MMA fighter and assaults his wife using a "trained move" and breaks her leg?

My sister was attacked in a public space by her husband (in process for divorce) who is a trained MMA fighter. He broke her leg and left her in a parking lot. Details are currently being gathered but from what we know:

-bar was closed (2am)

-both were drinking

-husband... View More

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 6, 2023

He should be charged with a felony and she should get a protective order

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My granddaughter has been in Tarrant County jail for 3 months. Her first court date has been rescheduled three times

Today it was rescheduled two months from now. She has a court appointed lawyer but he has yet to talk with her. Is there anything we can do

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 27, 2022

You need to retain a lawyer, It is not uncommon for the court date to be rescheduled but her court appointed lawyer should of went to visit her by now,

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: My boyfriend of 8 years has been on the run for a year he was charged with assault and battery 2 counts

One dangerous weapon and great body harm on me I never pressed charges but the state did how do we go about getting this dismissed or thrown out

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 26, 2022

The first step is to retain a lawyer and get a bond, You can sign a waiver of prosecution and see if the state will dismiss the case, ,

1 Answer | Asked in Family Law, Domestic Violence and Landlord - Tenant for Texas on
Q: Need help and assistance from lawyer legally help me to have my son abide by the house rules or move out of the house

i have a 18 yr old son who has been very disrespectful, abusive and threatening to me and my wife with bad behaviour. He doesnt want to follow any house rules. Have dropped out of the college, being out whole night, comes back in the morning and sleeps whole day. When we ask him to change is... View More

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 14, 2022

Unfortunately, there is not a court with jurisdiction over an 18-year-old adult. This is not an issue that can be resolved within the legal system (nor should you want it to). If he doesn't want to abide by the house rules, then he should no longer be allowed to live in the house.

1 Answer | Asked in Domestic Violence for Texas on
Q: If state picked up a domestic case but I didn't press charges and he wasn't arrested for it can I do the case

He choked me and I left but he wasn't arrested but because the sheriff's got pictures state is investigating it but me and him are back together and I do not wish for it to proceed

Penny Wymyczak-White
Penny Wymyczak-White
answered on Dec 13, 2022

He could still be arrested if they are still investigating , You can tell them that you do not want to file charges .

1 Answer | Asked in Domestic Violence for Texas on
Q: Is domestic violence a felony or misdemeanor
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 30, 2022

It depends on the facts. I can be a Misdemeanor or a felony,

1 Answer | Asked in Domestic Violence for Texas on
Q: I have a charge of domestic violence charge felony charge ivenever been arrested at probation will they do a pee test
Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 18, 2022

Yes, they could drug test you, retain an a lawyer asap,

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: How can i get a waiver of prosecution for a case that involves my child. i dont want to press charges

I need help finding who to get in contact with

Penny Wymyczak-White
Penny Wymyczak-White
answered on Nov 2, 2022

Retain a lawyer but because a child is involved they may not honor it

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: Me my sister n my older niece r being charged for injury to a child, we r innocent n fighting it till jury cuz our

Brother is one who slapped his 11 year old daughter for running away when we found her with boyfriend, my sister needs charge dismissed right away to get her foster baby back if I take a plea could her charge be dismissed, I’ll sacrifice my in innocence for hers! Is that possible with a prosecutor

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

Anything is possible, but have this conversation with your lawyer before you do anything. Good luck.

1 Answer | Asked in Domestic Violence for Texas on
Q: The police got called out to a domistic violence crime I need to recant the statement how do I do that

This is my husband they have indicted him on assault charge and aggravated assault but that’s not what actually happened

Grant St Julian III
Grant St Julian III
answered on Oct 20, 2022

Contact the District Attorney's office in the county where the case against your husband was filed and ask about filing an affidavit of non-prosecution. Calling his attorney may help. Good luck.

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: If I don't want a protective order can I have it removed even if a office put the order
Jose A. Ceja
Jose A. Ceja
answered on Oct 17, 2022

Yes. A magistrate's order of emergency protection (MOEP) and/or bond conditions can be modified. Typically the judge will want to hear from the complaining witness. You should consult with a criminal attorney before attempting to do anything on your own.

1 Answer | Asked in Personal Injury and Domestic Violence for Texas on
Q: My ex backed up his car and hit my body with his car. Can I file legal action?

I believed my ex was stalking me, I walked over to him in his car to ask if he was. He ignored me and put headphones on, I walked behind his car to talk to a man next to the parking spot. I asked him, "I think this guy is stalking me... what should I do?" But as I asked the question my... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2022

Yes, you can file a lawsuit to recover your:

Past and future medical expenses

Lost wages for time you couldn’t work

Conscious pain and suffering

Past and future mental anguish

if any, caused by the bodily injuries you suffered as a result of being hit by...
View More

1 Answer | Asked in Criminal Law and Domestic Violence for Texas on
Q: I’m 18 years old and I got into a fight with a 15 year old because she has been harassing me

she didn’t press any charges I did fight at a church I did throw the first punch and the last one, I don’t want to go to jail I’ve only been 18 for about 6 months, I want to know what’s going to happen to me

John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2022

Do not talk to police. If you do, ask for a lawyer.

No matter what, do not admit anything.

You should be OK if you have not been arrested yet.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Texas on
Q: can my husband kick me out after 23 yrs this is my home to, he has a nw girlfrnd bt he told IRS we were married what do?

My common law boyfriend (now husband) is trying to kick me out of our home n i hv no place to go can he just do that to me? Help what can/should I do he has a girlfriend is why hes treating me like a dog csk . Over the last 20 yrs I believe I am entitled to at least half of what we got over the... View More

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

In Texas, to prove a common law marriage, you will need evidence of 1) an agreement to be married, 2) after the agreement you lived together in Texas a husband and wife, and 3) in Texas, you represented to others that you were married.

Filing joint tax returns as a married couple is direct...
View More

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