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2 Answers | Asked in Criminal Law and Identity Theft for Texas on
Q: is the police department trying to pull a fast one on me?

kinda a long story but the gist of it is i have an exgirlfriend that stole my credit card info and used it 4 months after we broke up for over $2,000 with 70+ transactions over the course of a single month.

the detective is telling me that because i gave her my card to get food at one point... View More

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

It is not legal, but police may not make an arrest or submit criminal charges to the district attorney for prosecution. They most likely will consider it a civil matter.

You can timely challenge any charges she makes with your credit card company as fraudulent use of your credit card. You...
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1 Answer | Asked in Contracts and Business Law for Texas on
Q: Provided call center services for 24+ months; client now refuses to pay invoices. Can we take legal action to recover $?

Provided call center services to client for 24 months. Now they refuses to pay three invoices totaling $19,181.83. Per our contract, a $200 weekly late fee per invoice has accrued, bringing the current amount owed to $41,581.83. Client also failed to honor a three-month cancellation notice, costing... View More

John Michael Frick
John Michael Frick
answered on Nov 13, 2024

First, seeing a contract alone does not necessarily mean that the other party agreed to its terms. If I receive and read your contract, I will be aware of its terms, but that does not mean that I agreed to them. The lack of a signature indicating assent to the terms is going to be a problem. It... View More

1 Answer | Asked in Family Law and Criminal Law for Texas on
Q: If abuse causing bodily harm of family members charges are dropped will the accompanying protective order be erased

his wife made the accusation. Now he wants to file for divorce but he doesn’t want to do it with anything on his record

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

A protective order is a civil order, not a criminal one, and it isn't impacted by the underlying criminal charges being dropped. A protective order can be filed without any criminal charges being filed, or in conjunction, but they are completely separate. Both the husband and wife should... View More

1 Answer | Asked in Family Law for Texas on
Q: Where should I go if custodial parent refuse to honor our schedule of visitation in the long distance parenting plan?

Custodial parent moved from Florida without the relocation agreement, to Seattle, WA, I sent information about his ticket some days ago and yesterday she said she won't have permit in her job to honor a parenting plan order, I live in Texas, the Order is from Florida but she is living in... View More

John Michael Frick
John Michael Frick
answered on Nov 12, 2024

It's not up to her job.

If this were a Texas court order, I would recommend that you file a motion for enforcement in the court that issued the order.

Since it is a Florida order, you need to ask the advice of a Florida attorney who practices in the area of family law.

1 Answer | Asked in Domestic Violence and Juvenile Law for Texas on
Q: How do I know if it’s discipline, or neglect/abuse?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

Whether acts or omissions constitute discipline or neglect/abuse depends upon the specific facts and circumstances presented by the competent and admissible evidence in a lawsuit which will be adjudicated by a finder of facts (either a judge or a jury).

Generally, reasonable discipline...
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1 Answer | Asked in Family Law for Texas on
Q: How do i know my marital status. And what are the conditions for an annulment.

I was married in the USA for five years. He filed for divorce, and I left the country. I no longer have any paperwork regarding the marriage. Now, I need to find out whether I am still married or not, and I’m wondering if I can apply for an annulment.

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You most likely cannot file for an annulment because the grounds on which an annulment can be granted are very narrow.

If he previously filed for divorce, you should check the Vital Statistics Unit at (888) 963-7111, Monday through Friday, 8 AM–4 PM to see if he ever finalized the divorce.

1 Answer | Asked in Civil Litigation for Texas on
Q: What is the best way to address a Small Claims Debt Citation?
John Michael Frick
John Michael Frick
answered on Nov 11, 2024

If you owe the debt, the best way to address it is to pay the debt.

If you paid the debt, or a portion of the debt, the best way to address it is by filing an answer specifically listing each payment you made by date, amount, and method of payment, and then appearing at trial with proof of...
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2 Answers | Asked in Family Law for Texas on
Q: Needing some help with what to do in my family law case

I am the custodial parent in my case with my 15 and 16 yr old kids. I am over the kids school and where they stay I have the rights over that. We have a 50/50 agreement. But the mother of the kids have brainwashed the kids and plotted to have kids not come home and never once told them they had to... View More

John Michael Frick
John Michael Frick
answered on Nov 11, 2024

You need to file an application for writ of habeas corpus and motion to enforce. If you do not know what those are and how to do that, I strongly recommend you hire an attorney with experience in family law in or near the county where you live. Be aware that it is often difficult to obtain relief... View More

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2 Answers | Asked in White Collar Crime for Texas on
Q: Why would I have a hundred fifty thousand dollar bond for resisting arrest
Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

Atty. Wymyczak-White is correct. While the bail amount seems quite high, many factors go into a judge's decision regarding what bail should be, and there are guidelines. If you have a substantial criminal history, or egregious underlying charges related to the resisting arrest (like you have... View More

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1 Answer | Asked in Personal Injury for Texas on
Q: Doctor said my wife needed it to go to a nursing home and possible surgery after a fall. Does she have a case?

Living at this apartment complex for two years and my wife fell at dropbox to pay the rent the sign at the location say night deposit. We are encouraged to pay the rent there when the office is closed. There was an extremely large plant that's blocking it and the plant looked as if it was... View More

James Clifton
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James Clifton
answered on Nov 9, 2024

Property owners and managers have a duty to maintain the premises in a reasonably safe condition for tenants, visitors, and other lawful guests. If the apartment complex failed to maintain a safe environment near the rent drop box, your wife may have a strong case for premises liability. If the... View More

2 Answers | Asked in Criminal Law for Texas on
Q: I received victim impact request from DA from a fight I had with my husband. Now he wants me to call DA?

I don’t feel like I am a victim I started the fight and ended up taking a shot at him b4 he left after hearing that our boss was on way and had called the cops. The paperwork the DA office mailed me said I had to take a free class if I wanted opportunity to not have my husband charged. So I... View More

Madolyn García Falone
Madolyn García Falone
answered on Nov 13, 2024

You shouldn't feel pressured to call the DA, and you don't have the ultimate power to drop the charges anyway-- the DA does, and there's no guarantee that they will. It may be helpful to take the free class they're offering, but fundamentally it's your choice whether you... View More

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1 Answer | Asked in Criminal Law for Texas on
Q: Loaned gun refuses return

I loaned a ex's adult son a firearm for hunting. We are no longer together. He refuses to return the firearm or even talk about it. His mother refuses to ask him about it. I would like to press criminal theft charges on him and her as a accomplice. What steps do I take to file criminal charges.

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Write a letter to the son specifically stating that you previously loaned him your [make model, caliber, and serial number] rifle; it was not a gift but a temporary loan for the purpose of hunting; now you want it back; and if he fails to return it by [date] or give you an explanation of what... View More

1 Answer | Asked in Medical Malpractice for Texas on
Q: Can I file suit for injuries in 2011 if still suffering injuries due to the first injury?

I've had multiple surgeries and hospitalizations since the first injury in 2011. I'm in the hospital now. I've nearly lost my life twice due to an OBGYN's negligence after he delivered my daughter in 2011. My colon was ruptured and removed, I suffered a stroke. On Oct. 1 of this... View More

John Michael Frick
John Michael Frick
answered on Nov 8, 2024

It is very likely that your claim is barred by the statute of limitations. You should consult an attorney in or near the county where the surgery occurred who practices in the area of medical malpractice. There are statutory and common law doctrines that can extend the statute of limitations but... View More

1 Answer | Asked in Employment Law for Texas on
Q: I was retaliated against and I want to know what rights I have. I worked in multi-family. Can I speak to someone
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

A lawyer who practices in the area of employment law ought to be able to answer your questions. This is a Q&A forum. You should search in the "Find a Lawyer" feature of Justia for an employment lawyer in or near the county where you were working at the time of the retaliation. The... View More

1 Answer | Asked in Juvenile Law for Texas on
Q: I’m a 17 (18 in feb) year old female, who is finding interest in a 22 year old. are we allowed to date? Sexual relation?
John Michael Frick
John Michael Frick
answered on Nov 8, 2024

Yes. The age of consent in Texas is 17. That being said, if you're just in the "finding interest" stage, you should consider whether it may be too early in the relationship to be having sexual relations. Just because something is legal doesn't mean you should do it. A lot of... View More

2 Answers | Asked in Estate Planning and Probate for Texas on
Q: My passed away without a will almost 5 years ago, what does my need to prove she has a legal to claim a settlement check

My dad was involved in a Roundup lawsuite that close to payout now, but the attorney handling his case will not accept an affidavit of heirship and and has told us they have to have sufficient proof of authority under Texas state law establishing her ability to settle my dad’s case on behalf all... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

My condolences as it is always hard to lose a parent. You will need to start a probate proceeding in Texas. In most Texas counties they require that you have an attorney since you are not representing yourself actually you are representing the decedent's estate. One issue is that in Texas you... View More

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2 Answers | Asked in Family Law and Child Custody for Texas on
Q: How can I get visitation and my rights to my children back after a Protection order was filed against me more than 2 yrs

Protection order was filed in 2020, I was incarcerated at the time of the hearing, the allegations were not accurate nor was I ever convicted of anything in that nature. And I have not been able to see or speak or know anything about my children since 2021.

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

You can file a motion to modify in suit affecting the parent-child relationship. If the protective order is still in force and effect (they typically only last two years), you would also want to modify the protective order if it limits your access to your children.

You will want to present...
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2 Answers | Asked in Family Law and Social Security for Texas on
Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

John Michael Frick
John Michael Frick
answered on Nov 7, 2024

Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More

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2 Answers | Asked in Child Support and Family Law for Texas on
Q: What does child support specifically cover?

Good afternoon. I pay $1300 a month as a non custodial parent and we have joint custody of the kids. My son needs to go to the barber to get his haircut but the mom refuses pay for it. Also he always goes to school with slippers and socks, no sneakers or shoes. What are child support payments... View More

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

Child support is a payment from one parent to another. The parent receiving the payment has discretion as to what those funds are used for. If mom tales your son to the barber, she will have to pay for it. If you take your son to the barber, you will have to pay for it. If you want to buy your... View More

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1 Answer | Asked in Contracts for Texas on
Q: do I have to travel to the state that I loaned a girl $200 over cash app when I live in Texas and she lives in Pa.

I have text messages about the loan. can I sue without traveling?

John Michael Frick
John Michael Frick
answered on Nov 6, 2024

It depends on whether the girl has sufficient minimum contacts with the State of Texas such that the exercise of personal jurisdiction over her does not offend traditional notions of fair play and substantial justice. This is the legal "test" that enables a court of one state to exercise... View More

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