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Texas Juvenile Law Questions & Answers
1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son and girlfriend got caught having consensual relations at school the mother filed charges for rape. What can I do

The school police officer reviewed the video and stated that it was consensual. Both children received the same punishment of 45 days at the LEO school. The girls mother filed a charge for rape.

John Michael Frick
John Michael Frick
answered on Oct 18, 2024

It depends. The age of consent in Texas is 16. Sexual intercourse (and certain other sex acts) involving someone under the age of 16 is by definition non-consensual even if that person enthusiastically participates or initiated it. This is called statutory rape.

If there is an age gap no...
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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: I live with my step-parents I'm 16 i work and pay for my own stuff

So I got grounded and my step parents took my vr and my phone that i paid for myself . Also they take my paycheck and put it in there bank account and only gives me $100 dollars out of each paycheck which i think is ridiculous cause I worked hard for that money what can I do....about that can I... View More

John Cucci Jr.
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answered on Sep 22, 2024

The status of step-parents has different meanings for different people and forums.

A legal step-parent, is a parent because the parent figure has ADOPTED the step-child. This creates the legal status of the child as if s/he was the natural-born child of the step-parent. Thus, that parent...
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2 Answers | Asked in Juvenile Law for Texas on
Q: Is it ok for a 16 year old to date a 13 year old?
John Michael Frick
John Michael Frick
answered on Mar 4, 2024

There is no legal prohibition on "dating" per se in Texas.

Until the age of 17 years, a person does not have the legal capacity to consent to any type of sexual conduct in the State of Texas. Therefore, any sexual conduct engaged in with that person will be legally considered to...
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1 Answer | Asked in Family Law and Juvenile Law for Texas on
Q: I’m 17. I don’t want to live with my toxic mom anymore and i told her that im moving out and she got mad and said that s

I’m 17. I don’t want to live with my toxic mom anymore and i told her that im moving out and she got mad and said that shes not giving me permission to be emancipation and i said that i dont need her permission and she got mad. I been doing my research and it says in dallas texas that i have to... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

In a suit for emancipation of a minor, a parent of the minor must verify the petition. Your attorney will need to ask you questions proving that you are able to support yourself and manage your own financial affairs. You may want to introduce evidence of your job and earnings to show you have... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: My son is in custody at Harris County He was out on bond for priors.He is being charged with aggravated robbery with.

deadly weapon.I have talked to his lawyer 2 times and he really has not talked to me.I saw the video and he was on the property but he didn't have the weapon and didn't go in the store.The attorney jas put out 5 years deferred adjudicated probation or 15 years. I feel that is not right I... View More

John Michael Frick
John Michael Frick
answered on Feb 19, 2024

Since your son is in custody, it seems likely that law enforcement believes that your son is the actual person who committed the crime. If you have information that a specific other person actually committed the crime, you should share that information with your son's attorney.... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Federal Crimes and Juvenile Law for Texas on
Q: I'm 13 and I got caught with 3 disposables on school prpty and 2 were empty one was full of honey, what am I facing.

They also put me down as selling on school property

Jim  Butler
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answered on Feb 4, 2024

We are talking "honey", "budder" - the vape cartridges that contains Delta 8,9, or 10 ? I'm not sure what your schools policy is if you are caught with a vape that contains one of these oils. If it turns out to be Delta 9 they could charge you with possession of marijuana... View More

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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Texas on
Q: Hello I got kicked out of my childhood house in Houston, I called the police but since it was late I couldn’t get in.

Can I call the cops at a formal time like 6pm and they HAVE TO escort me in or they will not let me in because my parents said no even thought it’s all my stuff

James L. Arrasmith
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answered on Jan 23, 2024

I would suggest a few things in this situation:

- Contact the police again and explain you are a resident of the home but have been locked out. They may be willing to escort you back in to retrieve your belongings. Make clear you are not trying to cause issues, you just want to safely get...
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1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Juvenile Law for Texas on
Q: In Texas, is it illegal for someone in my household to unplug my security cameras threatening my personal safety?
John Michael Frick
John Michael Frick
answered on Jan 22, 2024

It is illegal for someone to threaten you. It is not illegal for someone to unplug security cameras, particularly in areas where they have a right to be. In certain circumstances, it may be illegal for you to record other members of your household on camera without their effective consent.... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: Can a transgender minor living in Texas receive gender-affirming medications from a state such as Colorado?
John Michael Frick
John Michael Frick
answered on Jan 4, 2024

It is theoretically possible for minors to obtain hormone blockers or hormone replacement therapy "off label" in Colorado for gender-affirming reasons. Colorado has not yet banned such off label use for minors. Because these medications can have long-term adverse effects on patients... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Texas on
Q: Hello, I recently had two individuals come at night vandalizing my vehicle. I have video proof. What actions can I take?

Both age 15/16, my age being 16. I know who they are and have video proof

John Cucci Jr.
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answered on Sep 24, 2023

I would have your parents call the other kids' parents to try to resolve things. If not, then call the police and give then a COPY of your video proof. Do not wait long as that will eventually cause a problem. The other kids' parents probably have home insurance which may pay for the... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence?

During a plea bargaining, if a defendant pleads guilty, is the prosecution still required to submit evidence and prove guilt of defendant; or, is the guilty plea enough to stand alone as evidence of guilt, even if the prosecution has a weak case?

John Michael Frick
John Michael Frick
answered on Sep 4, 2023

In some cases—particularly serious felonies—the prosecution must produce evidence to corroborate the plea. This is designed to prevent someone from pleading guilty to a crime they did not commit in order to cover for a relative or friend. It is usually perfunctory.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Texas on
Q: is there some law or right thats says this is wrong

im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 31, 2023

Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth... View More

1 Answer | Asked in Child Custody, Family Law and Juvenile Law for Texas on
Q: Ex has custody in Washington state. I live in Texas. Daughter is 16. Extremely bad living situation. Wants to live w/me

Dad bans her from contact w/me. Horrible neglect and abuse. She's in chins petition with placement with a friend mine but placement is no longer going to work and chins is being dropped. She cannot go back to her dad's care. She wants to live with me in Texas. What is the fastest way to... View More

Elisa  Reiter
Elisa Reiter
answered on Aug 7, 2023

Discourage your child from running away. There are civil and criminal penalties for kidnapping a child. In the given situation, where the daughter is currently in Washington state with her father and wants to live with you in Texas due to an extremely bad living situation, there are legal options... View More

1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Texas on
Q: if my boyfriend is 18 and im 17 but were less than a year apart and have been dating for over a year can we still date?

can my parents file any order or sue him?

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

Yes, you can still date. Since you are 17, you have reached the legal age of consent in Texas to engage in sexual activity. That may not be the best decision for you and your parents may not like you engaging in sexual activity with him. But, legally, you are old enough to make that decision for... View More

1 Answer | Asked in Family Law, Immigration Law, International Law and Juvenile Law for Texas on
Q: I have a client with a greencard but wrong DOB. DOB was assigned by Afghanistan. What can we do?

I have a client with LPR status from Afghanistan. His parent were illiterate and didn't realize that his birth year was set 4 years in the future. He is looking to get naturalized because he is actually 18, but everything from his afghan documents to his green card say he is 18. What form... View More

James L. Arrasmith
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answered on Jun 18, 2023

If your client's date of birth (DOB) on his green card is incorrect, he may be able to file a request to have it corrected. The process for correcting a DOB on a green card can vary depending on the circumstances but generally involves filing Form I-90, Application to Replace Permanent... View More

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Texas on
Q: If my friend 16 and she lives in Texas If she runs away would she get in trouble and would she be forced to return hom
John Cucci Jr.
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answered on May 7, 2023

Your friend's best legal move is to petition the District court to be emancipated. That is relatively easy if she can get at least one of her parents to sign for her application.

In answer to your question, I don't believe CPS would try to grab her, but technically, without being...
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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 and Juvenile Law for Texas on
Q: how do i petition for emancipation
John Michael Frick
John Michael Frick
answered on Dec 5, 2022

If you are 16 or 17 years old and are financially independent, you can hire an attorney who practices in the area of family law to file a petition with the appropriate court in the county where you live.

Your parents will be served and have the right to object. Obviously, it will be...
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2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: Is there a law in Texas regarding sleeping arrangements for biological children?

Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?

John Michael Frick
John Michael Frick
answered on Nov 30, 2022

It depends on the age of each occupant. Texas law limits occupancy to three adults per bedroom. A landlord can impose a more restrictive rule, for example limiting occupancy to two adults per bedroom.

If the children are minors, however, federal law prohibits housing discrimination...
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2 Answers | Asked in Family Law and Juvenile Law for Texas on
Q: Is there a law in Texas regarding sleeping arrangements for biological children?

Specifically, children sleeping with adults. And is there a requirement for space for a child? Or is it ok for a mom, her “husband” (by title only, no actual marriage), her son (not the son of the “husband”), and their daughter to live in one room in another person’s house?

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Dec 1, 2022

Given that this question was posed in the "Family Law" group, I will provide a response from a "family law" perspective.

There is no concrete law in the Texas Family Code that specifically prohibits children from sleeping with adults or a requirement for space for a...
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