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1 Answer | Asked in Family Law for Texas on
Q: Subject: Preemptive Protective Order Issue

Subject: Seeking Legal Advice: Preemptive Protective Order Issue

Hi,

I'm reaching out for legal advice regarding a potential preemptive protective order issue in Austin, TX. Our relationship has ended, and a split is imminent. I suspect that my soon-to-be ex will continue to... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

There is no such thing as a preemptive protective order. A protective order is a serious matter that can substantially affect a person against whom one is granted. There must be credible evidence of family violence or threatened family violence. With respect to threatened family violence, it... View More

1 Answer | Asked in Contracts for Texas on
Q: I owned a business. I filed a motion for a TRO but the ancillary clerk says the judge won't allow me being the owner to

represent my self. I filed a statement of inability to pay court cost or an appeal bond. What can I do?

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

A business organization such as a limited liability company or corporation can only appear in court through a licensed attorney. If the owner of the business isn't also a licensed attorney, the owner does not have the legal ability to represent the organization in litigation (with very... View More

1 Answer | Asked in Probate and Real Estate Law for Texas on
Q: Probate question. My home was put as seperate prop instead of comm prop and now at risk for foreclosure. How can I fix?
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The best and fastest way to prevent a foreclosure is to pay off the debt which is secured by the home. Whether the home is your separate property or community property shouldn't significantly impact the foreclosure process. If you can't pay off the debt entirely, contact the lender and... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Texas on
Q: If a man is considered a noncustodial parent, what can he do to change that?

My boyfriend's lawyer, while my boyfriend was in prison, said it would be best to sign as noncustodial parent. He is out now, and doing the right things to live a good life and wants to have rights to his daughter again. What steps need to be taken to make this happen? Who can we call? We... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

In order to change the custody arrangement, your boyfriend will need to file a SAPCR ("suit affecting the parent-child relationship") seeking a modification of the current custody arrangement with the court in the county where the child lives in California. While the outcome of every... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Texas on
Q: I just received my final decree signed by Judge but how do I know how am I receiving my child support and change of name
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Decree should include the name change if you asked for your name to be changed and the judge granted it. You should register your child support account with the State Disbursement Unit which is where your decree should be requiring the obligor (or his employer if you also have a wage... View More

2 Answers | Asked in Civil Litigation, Consumer Law and Education Law for Texas on
Q: got a degree in media advertising in 2010 and the following years it all went online, most of what I learned is useless

could I sue my University for this, I now have to pay all this student loans for something does not work anymore

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2024

Without knowing additional details, I would agree with Mr. Frick. It's a given that course materials could become obsolete with new technologies. However, if certain representations were made to students, that could be a different story. Keep in mind that looking into such a lawsuit could... View More

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1 Answer | Asked in Immigration Law for Texas on
Q: I have been employed under L1A, and my max out is within next 9 months. Would it be appropriate for me to apply for H1B?

I have been employed under L1A status, and I am nearing the maximum duration allowed within the next 9 months. Given this situation, would it be appropriate for me to apply for an H1B visa?

James L. Arrasmith
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answered on Feb 21, 2024

Given your current employment status under L1A and the fact that you are approaching the maximum duration allowed within the next 9 months, it may indeed be appropriate to consider applying for an H1B visa. The H1B visa is designed for individuals in specialty occupations, and transitioning to this... View More

1 Answer | Asked in Immigration Law for Texas on
Q: - Arrived in the United States on an H4 visa in 2022. - Transitioned to an H1-B visa in October 2022, although

Context:

- Arrived in the United States on an H4 visa in 2022.

- Transitioned to an H1-B visa in October 2022, although it remains unstamped.

- Labor Condition Application (LCA) for the H1-B indicated a wage of $80,000.

- 2023 W2 reflects only $18,560 due to an... View More

James L. Arrasmith
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answered on Feb 21, 2024

The discrepancy between your 2023 W2 earnings and the LCA wage of $80,000 may raise questions regarding compliance with H1-B visa requirements. The Department of Labor mandates that H1-B visa holders be paid at least the wage specified in the LCA to prevent exploitation and ensure fair wages. If... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: Can I create an illustration for publication that contains 3 characters from a movie or a room from a reality show?

I have written a book and hired an illustrator to create artwork for each chapter. The book is very tongue-in-cheek, and the illustrations are whimsical. One of the chapters is about group resources, such as support groups. There is a movie that has a support group scene, and I was hoping to... View More

James L. Arrasmith
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answered on Feb 21, 2024

Including characters from a movie or a room from a reality show in your illustrations could potentially infringe on copyright or intellectual property rights, depending on the specific circumstances. While your illustrations may be whimsical and cartoony, if the characters or settings are... View More

1 Answer | Asked in Copyright and Intellectual Property for Texas on
Q: A company owe us money( big games LLC) they issue false DMCA notice. Then we issue counter notice( BEspoke Plush LLC).
James L. Arrasmith
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answered on Feb 21, 2024

It sounds like you're dealing with a challenging situation with Big Games LLC. When a company issues a false DMCA notice against you, it can indeed be frustrating and concerning. However, it's positive that you took action by issuing a counter notice through Bespoke Plush LLC. This step... View More

1 Answer | Asked in Landlord - Tenant for Texas on
Q: The owner wants only verbal lease - nothing in writing for his house I want to lease for a year in texas, is this Ok
John Michael Frick
John Michael Frick
answered on Feb 21, 2024

The Texas statute of frauds only requires a lease to be in writing if it is longer than one year. So you legally can lease a house for one year without a written lease.

It may not be the smartest thing to do. Usually it is best for the landlord and tenant to put into writing the substance...
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2 Answers | Asked in Civil Litigation for Texas on
Q: Had a bobcat stored at friends w agreement he sold it without permission

What can I do if he sold it without my permission

James L. Arrasmith
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answered on Feb 23, 2024

If your bobcat was sold without your permission by a friend with whom you had an agreement for storage, it's essential to first communicate directly with your friend to understand what happened. Ask for a detailed explanation and request that they rectify the situation, which could involve... View More

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1 Answer | Asked in Employment Law for Texas on
Q: Is there anything that can be done about this situation.?

To sum up my situation I quit my job in November last year because of my manager and coworkers. I was being ignored and doing extra work with no help because it was being said that I was taking pictures of the chef and sending it to our manager. Wasn’t true at all. I tried to explain myself and... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It sounds like you have already taken action to remove yourself from the situation. You have no legal duty to take any further action now that you have quit. My recommendation is that you stop communications with your former manager and co-workers.

One of the principal advantages of the...
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1 Answer | Asked in Business Law and Communications Law for Texas on
Q: Verbal agreement

If my father and I have been working to purchase a business and don't have a written contract but there are communications between us in email and text. Now we don't see eye to eye can I remove him from continuing to pursue the business while I continue on to purchase it without him?... View More

John Michael Frick
John Michael Frick
answered on Feb 21, 2024

It depends on whether you and your father have an actual verbal agreement or have just been "working to purchase" the business and whether your father has incurred any costs in reliance on any promises you have made.

To determine your best strategy to disengage with your father,...
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2 Answers | Asked in Tax Law for Texas on
Q: Job took only $90 out of for taxes when I filed only myself. I made over 11 grand what do I do?
James L. Arrasmith
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answered on Feb 22, 2024

If your employer withheld only $90 for taxes when you made over $11,000, it's crucial to address the discrepancy promptly. First, review your pay stubs and ensure that the correct tax withholding information was provided to your employer. If there was an error, contact your employer's... View More

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2 Answers | Asked in Employment Law, Constitutional Law and Municipal Law for Texas on
Q: Put on a final for attendence written in november improve above a verbal but handbook says can change to convenience

Can an employer not approve municipal court for absence?

Can attendance guidelines be changed to companys convinience and not adhere to progressive disciplinary process? Can hr state a written can be removed if improvement but can be accelerated to final if problem reocurrs within 12 month... View More

James L. Arrasmith
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answered on Feb 22, 2024

Based on the information provided, there are several issues that raise concerns around the legality and ethics of the employer's attendance policies and actions:

- Employers typically cannot discipline employees for absences that are legally protected, such as approved FMLA, ADA...
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1 Answer | Asked in Criminal Law and Arbitration / Mediation Law for Texas on
Q: My daughter was falsely accused of a crime she didn't commit and the case was on going for years everything was recent

Her case was eventually dropped but in the minx of everything she lost her job her home was incarcerated for no reason and I need help suing bexar county ..

John Michael Frick
John Michael Frick
answered on Feb 20, 2024

You do not have a lawsuit that is likely to be successful against Bexar County. If a person other than a law enforcement officer filed a complaint that resulted in the criminal accusation being filed against your daughter, you may have a possible for malicious prosecution against that individual... View More

1 Answer | Asked in Traffic Tickets for Texas on
Q: If one has never ever had a Texas driver's license how can they give you a ticket for driving while license is invalid?
John Michael Frick
John Michael Frick
answered on Feb 19, 2024

If you drive a motor vehicle while your driver license is suspended, revoked, denied, or cancelled you are driving while your license is invalid. If you never had a driver license at all, you should be charged with driving without a license. You can probably get the City or State's attorney... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

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

If the title company is acting as the closing agent for the sale, it generally must report information concerning the sale on a Form 1099-S. That is why it is asking for your SSN. It is highly unlikely that a reputable title company will close the transaction without having the SSN for reporting... View More

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Texas on
Q: Does title company have right to ask for social security # and copy of deceased spouse & my will re land offer?

Land purchased by me in Texas as minor many years ago; my mother was on original document. I added my husband after our marriage 10 yrs later. Land was part of southwest scheme to take $ from people, never thought we'd be able to sell. My husband is deceased. I am ORIGINAL owner of this land.... View More

Anthony M. Avery
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answered on Feb 19, 2024

The SSN will get a reported capital gain to the IRS. The other items requested have to do with proving your source of title. If you do not wish to comply with them, ask for another title company or title insurance company to handle your transaction. Your potential will has no bearing on this... View More

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