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Texas Domestic Violence Questions & Answers
0 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Pregnant with concerns about custody and safety; father has anger issues and is manipulative. Seeking legal steps in Texas.

I am currently pregnant and dealing with concerns about child custody. When I give birth, I do not plan to put the child’s father on the birth certificate due to safety reasons. We have had physical altercations in the past, and he has severe anger issues. He is attempting to be involved with my... View More

1 Answer | Asked in Immigration Law, Domestic Violence and Family Law for Texas on
Q: How can my daughter revoke her husband's green card due to threats and violence?

My daughter married a man living here on a student visa, and after marriage, she sponsored him, allowing him to get a green card. They have one child, and another is on the way, but he is now behaving aggressively and has threatened to take the child and leave the country. He pulled her hair in... View More

James L. Arrasmith
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answered on May 9, 2025

Your daughter's situation involves a complex intersection of domestic violence law and immigration. The physical assault and threatening behavior you describe constitute abuse under legal definitions. In such circumstances, the Violence Against Women Act (VAWA) offers protection regardless of... View More

1 Answer | Asked in Landlord - Tenant, Domestic Violence, Civil Litigation and Real Estate Law for Texas on
Q: How to remove erroneous judgment filed by non-owner (Invitation Homes) in Texas?

In 2018, I was evicted from my apartment, which I paid in full. Recently, I discovered that Invitation Homes has a debit judgment against me from that year, impacting my credit and criminal background check, even though they were not the property owners of the apartment complex. I have all court... View More

John Michael Frick
John Michael Frick
answered on May 5, 2025

It is unclear what you mean by the company "has a debit judgment against you." It sounds like you have confirmed that it does not have a debit judgment against you. It sounds to me like there is nothing that either you or it needs to do as there is no issue to correct. If a judge has... View More

1 Answer | Asked in Domestic Violence, Child Custody, Appeals / Appellate Law and Family Law for Texas on
Q: Can an unmarried mother challenge a judge's order to return to Texas after domestic violence?

I am an unmarried mother initially residing in Texas, but I faced a domestic violence incident and relocated to California, where the abuser was arrested and charged. I have a protective order from Texas and a three-year restraining order in California. Recently, on April 4, my abuser issued a... View More

John Michael Frick
John Michael Frick
answered on May 2, 2025

Yes, this decision can be challenged by appeal after final judgment, by writ of mandamus, by writ of habeas corpus if you are jailed for disobeying the court order, and by a motion to reconsider in the trial court.

Normally, in a divorce situation, a court cannot order an adult to return...
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0 Answers | Asked in Domestic Violence, Child Custody, Divorce and Family Law for Texas on
Q: Help with emergency protection order and custody modification after SA by ex-husband in Texas.

I urgently need help obtaining an emergency protection order as my daughter was sexually assaulted by her father. The case is scheduled to be dismissed on Monday. I also need legal advice on modifying my divorce decree to obtain full custody. I am located in Quitman, Texas.

1 Answer | Asked in Domestic Violence and Immigration Law for Texas on
Q: Do I qualify for VAWA with psychological abuse evidence?

I have been experiencing mental and psychological abuse from my husband for about eight years. I have a psychological evaluation as evidence, and I can also obtain affidavits from a friend and a psychologist who are aware of the situation. Given this evidence, can I qualify for VAWA, and are these... View More

James L. Arrasmith
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answered on Apr 28, 2025

Psychological abuse is recognized as a valid form of domestic violence under the Violence Against Women Act (VAWA), and your psychological evaluation could serve as crucial evidence for your case. The documentation from your psychologist who is familiar with your situation may strengthen your... View More

2 Answers | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Texas on
Q: What legal motions and evidence can address a father's neglect of a child's medical needs?

I am worried about my child's severe medical needs being neglected by the father, despite a court order in our Final Divorce Decree to communicate through the Talking Parent app and share medical decision rights. Out of 300 messages I've sent over two years, the father has opened only 20%... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

You can file a motion to modify in suit affecting the parent-child relationship. The fact that the divorce court judge has already found it necessary for you two to communicate through the Talking Parent app indicates the judge is already aware that you two have communication problems. 300... View More

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: How to proceed with custody modification for passport approval?

I have joint custody with my children's father, and there is a third-party exchange in place due to past domestic violence. The two-year restraining order against him has expired. My children need passports, but their father refuses to sign the papers unless I call him, which I fear could... View More

John Michael Frick
John Michael Frick
answered on Apr 10, 2025

My recommendation would be to have another family member or friend contact the father to work out the passport issue on your behalf.

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2 Answers | Asked in Juvenile Law, Domestic Violence and Family Law for Texas on
Q: How to pursue emancipation as a minor in Texas with family support issues?

I am a 16-year-old currently living in Alabama with my grandmother after being removed from my mother's home in Texas by CPS due to domestic violence and home conditions. I work part-time while attending school, so I'm unable to support myself fully. I wish to get emancipated and live... View More

John Michael Frick
John Michael Frick
answered on Apr 9, 2025

When you reach 17 years of age, you need to hire an attorney in Texas to file a suit for emancipation. It would be best if your parents were in agreement. You will be required to serve them with your suit and they will have the opportunity to object. Because of how long any case takes to reach... View More

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2 Answers | Asked in Domestic Violence, Landlord - Tenant, Contracts and Real Estate Law for Texas on
Q: Can I tow my car from a residence I'm restricted from accessing?

I'm restricted from physically accessing the residence I share with my separated wife due to a no-contact order involving my ex, who is currently living there. I've initiated eviction proceedings against my ex, who is supposed to move out by May 1st. My vehicle, which is registered solely... View More

Anthony M. Avery
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answered on Apr 8, 2025

You need to make a motion to get your vehicle in the Court that issued the no contact Order. Talk to your TX attorney.

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2 Answers | Asked in Criminal Law and Domestic Violence for Texas on
Q: Can an affidavit from my wife help drop assault charges at police level in Texas?

I am facing charges of Assault Causing Bodily Injury to a Family Member and Interference with Emergency Request for Assistance. I was released on bond on 12/28/24. My wife and I want to drop the charges, and she has signed an affidavit stating she does not wish to pursue the case. My attorney... View More

John Michael Frick
John Michael Frick
answered on Apr 4, 2025

Yes, it can help but is not dispositive.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: How can a minor in Texas seek full custody for their mother due to emotional abuse from their father?

I'm a 15-year-old in Texas dealing with emotional abuse from my dad, who has partial custody. I realized about 5 years ago how serious the situation was, and last summer, I was hospitalized following a suicide attempt partly due to his actions. My counselor, therapist, and mom all agree that... View More

John Michael Frick
John Michael Frick
answered on Mar 31, 2025

It depends entirely upon the particular behavior that you consider "emotional abuse." You should turn over all of the evidence you have to your mom's attorney, who is more familiar with the facts and circumstances of your particular case than any attorney in a Q&A forum online.... View More

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2 Answers | Asked in Juvenile Law and Domestic Violence for Texas on
Q: How can I become emancipated as a minor in Texas due to abuse?

I am turning sixteen next month and live in an emotionally and sexually abusive household in Texas. My mom threatened to kill me after I reported my stepdad's abusive behavior. She won't let me get a job to maintain control over me financially. I've had five or six cases with child... View More

John Michael Frick
John Michael Frick
answered on Mar 28, 2025

With notice to your parents, you can file suit to be emancipated. You will need to prove you have the financial ability to support yourself.

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2 Answers | Asked in Civil Rights, Domestic Violence and Family Law for Texas on
Q: How can I stop my ex from harassing me with false common law marriage claims in Texas?

I lived with my ex-fiancée in Texas for about eight months, and we were engaged for two months. We filed joint taxes under her insistence, but I later amended them to reflect my single status. After breaking up, she has continued to harass me, making false claims that we are married through common... View More

John Michael Frick
John Michael Frick
answered on Mar 25, 2025

The correct legal procedure is to file an original petition seeking a declaratory judgment that you were never married.

The joint tax return, however, presents a problem for you. Single taxpayers may not file a "joint" return even if they are living together. The filing of a...
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1 Answer | Asked in Landlord - Tenant and Domestic Violence for Texas on
Q: Can we break a lease early in Texas due to harassment and stalking?

I need to know if we can break our lease early due to harassment and stalking. My husband and I are currently on a lease in San Antonio, Texas, which started on February 15, 2025, and haven’t even been here three months. My mother is threatening to come and take our daughter from the property and... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Texas, tenants may be able to break their lease early if they feel unsafe due to harassment or stalking, but this usually depends on the specific circumstances and the terms of the lease. If the threats are serious and create an unsafe living environment, this may fall under the legal concept of... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Texas on
Q: How to get my partner out of jail after a false domestic violence report?

I made a false report regarding a fight involving my partner and a friend in July 2024, which resulted in my partner being charged with domestic violence. We were both arrested on February 14, 2025, but my charges were dismissed, while my partner remains in jail. I can't communicate with him... View More

James L. Arrasmith
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answered on Apr 13, 2025

First, it's important to understand that your partner’s situation might be complicated by the fact that you made a false report. Since your charges were dismissed, your partner could still be facing legal proceedings, possibly including bail hearings or charges related to domestic violence.... View More

2 Answers | Asked in Divorce, Domestic Violence and Civil Rights for Texas on
Q: Can police allow husband with domestic violence indictments to take my belongings and firearms during divorce?

I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to... View More

John Michael Frick
John Michael Frick
answered on Mar 15, 2025

No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.

In your pending divorce case, you...
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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Texas on
Q: Legal advice on obtaining full custody and protective order in TX.

I need legal advice on obtaining full custody of my 2-year-old child. My child's father, who is also my abuser, was released from jail after being convicted of misdemeanor indecent assault and has a prior felony aggravated assault charge against me. There is no custody order in place, and no... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025

I'm so sorry you're going through this. Your concerns for your child's safety are completely valid. In Texas, you can request a protective order for yourself and your child based on a history of family violence and the likelihood of future harm. Given his conviction for indecent... View More

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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Texas on
Q: Can a spouse delay divorce to claim part of an inheritance in Texas?

I'm in the process of a divorce, and my spouse, who has a documented history of covert narcissistic abuse, has served me divorce papers three times but hasn't followed up with the court. My psychiatrist has documented my spouse's mental abuse. I am concerned that my spouse, who has a... View More

Sharita Blacknall
Sharita Blacknall pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025

You can take control of the divorce process by filing for divorce yourself or filing a counterpetition if your spouse’s petition is still open. This allows you to move the case forward instead of waiting on your spouse. Hiring an attorney who will push the case forward can also help prevent... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Elder Law and Estate Planning for Texas on
Q: Legal advice: Husband in jail for family violence, mental illness, no-contact order?

I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More

John Cucci Jr.
John Cucci Jr.
answered on Mar 6, 2025

You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More

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