Texas Recent Legal Answers from Lawyers

You could hire an attorney. Assault on a peace officer is a third degree felony. If convicted it is 2 to 10 years in prison and a fine up to $10,000. If he was hospitalized around when the time it happened, he may have a defense. The intent element can be challeneged if he was medicated or undergoing a medical emergency.   Tristan LeGrande... Read Answer

The burden to prove negligence in prison assault cases is to establish that the prison staff was on actual or constructive notice that your son was at risk of being attacked but they were deliberately indifferent in taking measures to stop said attack. If your son can establish these facts he has a viable case against the correctional facility. ... Read Answer

Unfortunately, a US visitor visa is automatically revoked once the visa holder violates nonimmigrant status while in the US, even by two days. The parents could encounter a problem in entering the US with the same visas in the future. It is safer to apply for visas again explaining the circumstances of what happened. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

If they are already employed by you and working under a written or verbal agreement it is typically not a good idea to fire someone after the fact for not signing an addtional agreement. Also, your noncompete must be reasonable.    For an noncompete to be legally binding for current employees, you must provide valid consideration (something of value). This might include:✅ A promotion, raise, or bonus in exchange for signing.✅ Access to confidential business information they wouldn’t otherwise already have.... Read Answer

Whether your boyfriend is single or married has no effect upon his ability to sponsor his parents for green cards. I assume that your boyfriend is a US citizen. He must provide I-864 affidavits of support for his parents ensuring that his parents will be able to live in the US without becoming public charges. Your being married would increase his household size and the amount of support required for his parents. You can be either a plus or minus in this regard. If not working and with no assets, you would increase his financial burden. If working and making a decent salary, you could add your salary and assets to his to assist him in his support affidavits for his parents. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Unfortunately, your priority date is not current. Being exactly on the date does not make your immigrant visa available. Only a date earlier than the date on the chart qualifies. Thus, if the visa bulletin date was October 16, 2012, you would be current. You will have to wait a little longer. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

This is an interesting question, and the answer depends on how you are sourcing this product and whether you have permission from the manufacturer to re-label it for sale.  Typcically, there are two ways trademark infringement occurs with repackaging. Imagine Company A with a superior Product A, and Company B with an inferior Product B. In regular "passing off", Company B sells its product under Company A's brand, in an attempt to mislead consumers into thinking they are buying the superior Product A. In "reverse passing off," Company B purchases Product A but re-labels it as Product B, misleading consumers into thinking that Company B provides a high-quality product. With respect to the trademarks on the bottles, you would probably not be committing infringement. Since you are only selling the bulk product to the customer, and the customer is providing their own containers, you are not misleading your customers into believing you are selling the branded product (i.e., there is no "passing off"). However, there could still be trademark issues if the soap/detergent product you are selling so closely resembles another name brand (such as by using their unique color or perfume) that customers believe you are selling the branded product even though you told them you are not. For this reason, I would still recommend that you provide a clear disclaimer to customers that the product you are selling is your own, regardless of what container the customer provides to be filled, and that you do not claim any trademark rights to and have no association with brands that originally supplied the containers you are filling for customers.  However, there might be infringement with respect to your supplier of detergents and soaps. This will depend entirely on your agreement with the supplier, and whether they permit you to re-package their product for resale. This is a concept known as "white labeling," and it is usually specified in the contract between the manufacturer and the retailer. If you don't have the supplier's permission to re-label the product for resale, then you are essentially reverse passing off your supplier's product as your own, which is infringement.  Of course, if you are manufacturing the soaps and detergents yourself then there should be no infringement (assuming that your name is not otherwise confusuingly similar to the other brands). But I would still recommend including a disclaimer to better protect yourself if a trademark dispute ever arises. Beyond these issues, I am unsure whether there are any state or local laws or regulations that control how soap and detergent products may be sold and marketed to consumers. It is possible that there are labeling requirements based on the ingredients included in your product, even if they all have natural origins. It is best to consult a lawyer familiar with such product labeling requirements or licenses you may need to acquire to offer this product to consumers. ... Read Answer

I'm assuming you are in the middle of a CPS conservatorship proceeding.  If you have completed all your services under your family plan of service, then ask your attorney to file for motion for return of the children or a Motion for Monitored Return.  This is the part where you will have a period of time to demonstrate you have learned the parenting techniques and ability to provide a safe and protective home environment free from CPS involvement.  The case will most likely close upon the Department's filing of a Motion for Nonsuit.  You will also need to be sure the attorney ad litem for the children is on board with this as well.... Read Answer

Hopefully by now, you would've had enough time to consult with a family law attorney.  You may want to seek a protective order.  It may be difficult to charge rape againsts you husband as you both are still married and it'll be difficult to prove the difference between consensual and nonconsensual sex.  If you want to remain in the home where you both reside, then you can consider seeking a kick out order in your application for protective order while simultaneously filing a separate divorce action against him.  These are two separate lawsuits, so you will most like have to pay your attorney for two separate cases.  In some cases involving family violence, the courts may allow for the nondisclosure of private address information, but you have to make a compelling case for it.... Read Answer

You and the mother can enter into a mediated settlement agreement to ensure that no child support becomes part of the bargained for agreement when modifying the prior order to change custody.  Also, take into consideration as to what the minor child wants and the reasons behind it as he/she is one year away from becoming an adult.... Read Answer

Signing your husband’s name on a check without his explicit authorization may constitute forgery, which is a criminal offense. Even if you believe the funds are marital property, the law requires that both spouses comply with legal processes for accessing and dividing shared assets. To protect yourself and your daughter, it’s critical to avoid any actions that could expose you to criminal charges. If you need immediate financial assistance for safety or legal support, consider seeking a temporary restraining order or protective order, which can include financial provisions. A family law attorney can help you request emergency funds through the court while pursuing a divorce. Additionally, organizations and shelters for domestic violence survivors may provide resources and support to help you and your daughter escape safely.... Read Answer

I'm sorry to hear about the difficult situation you're facing. Since you're in Texas, your legal rights to the home are protected under community property laws if the home was acquired during your relationship. Here's what you need to know: Ownership Rights:If your name is on the title, you are legally recognized as a co-owner. In Texas, community property rules apply, so any property acquired during the marriage is presumed to belong to both parties equally, regardless of whose name is on the title. Your ex cannot unilaterally remove your name or refinance without your consent. Community Property and Buyouts:Even if the home was solely in your ex's name, you might still have a claim if it was acquired during the marriage or if you contributed financially (e.g., toward the mortgage or improvements). Typically, your ex would need to either buy out your share of the home or agree to sell it and divide the proceeds equitably. Protective Orders:While the protective orders restrict your access to the property, they do not affect your ownership rights. It's crucial to continue complying with the orders to avoid legal complications, but these orders don’t strip you of your financial interest in the home. Legal Recourse:If your ex is pressuring you to give up your rights without compensation, you should not agree without consulting a qualified divorce attorney. Although I'm a Maryland divorce lawyer, I often advise clients in similar situations that ownership disputes in community property states like Texas require a fair resolution, such as a buyout or an equitable division. You deserve a fair share of the home’s value, and a Texas divorce attorney can help you assert your rights and negotiate or litigate as needed. Don’t let your ex’s demands pressure you into giving up what you’re entitled to.... Read Answer

Under the situation that you describe, you are not eligible for US citizenship. The Child Citizenship Act requires not only being under the age of 18 when the parent naturalizes, but also your being a permanent resident and residing in the US under the physical and legal custody of the citizen parent. It would appear that your best solution of immigrating through your parents is to have your citizen parent file an I-130 relative petition for you. If you are single, the process will probably take approximately eight years and if you are married approximately 15 years. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

OK, so the answer is maybe. The reason is because you cannot enter the United States with concealed intent. If you have a visitor visa, then you can only use that to visit and not to remain permanently. However, there is no problem with changing your mind. If she intends to visit, but later, when she arrives, she decides that she wants to get married and remain here permanently, there's nothing wrong with that. For example, some of the evidence that USCIS and border patrol looks to to discern intent is whether she has a return air ticket. This is evidence that she only intends to visit. If they are suspicious when they talk to her at the border, and she tells them that she has a serious boyfriend, they will look at her phone to see what she is planning. If they see any text information on there that she decides to stay here permanently, they will send her back right away. So that being said, govern yourself accordingly. Consider working with an attorney. Some of us charge a very affordable flat fee to handle these types of cases and counsel can represent couples anywhere in the world. ... Read Answer

Yes, you could adjust status provided that you had no intention of staying permanently in the United States when you entered the country. The fact that you purchased a return ticket prior to your entry and you had a job lined up back home would help establish that you only intended to visit. Some of us handle these types of cases for a very reasonable flat rate fee for start to finish representation. Consider working with counsel so your case will process smoothly. ... Read Answer

You appear to have an ambitious agenda which presupposes that you will be able to make a turnaround after your time in the US under F-1 student and OPT and return under ESTA. You may or may not be fortunate enough to obtain such approval. If you do return, I do not see how you can legally have work permission to keep your LLC and your clients during the time that it takes to file for adjustment of status and to obtain a work permission based upon the adjustment of status. You should be aware if you are not already that USCIS may question whether you revealed your true intent when you entered the country under ESTA if you make quick actions to be married and file for adjustment of status. Perhaps you can have a partner or manager take care of your LLC and clients during the time that you sort out your immigration situation. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer