Texas Domestic Violence Legal Questions

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 More

You need to contact your husband's attorney or hire your own and submit an affidavit of non-prosecution to the DA handling the case.  While it does not guarantee that the DA will drop or dismiss the charges, it provides a solid reason to do so.  DAs do not need a complaining witness to press charges for domestic violence.  Other factors they will consider include prior domestic violence charges.... Read More

Good Morning,  You are under no obligation to speak to a detective.  It is your Fifth Amendment right to remain silent when law enforcement asks you questions meant to elicit responses that can subject you to criminal charges.  If you want to speak to them, it is best to have a lawyer present to advise you as you are being questioned.  Please remember, even if you answer some questions, you can invoke your right not to answer at any time.  Also, if you are exercising the right to remain silent or have a lawyer present, you need to clearly state that.  Asking or contemplating if you should remain silent or have an attorney does not invoke those rights.... Read More

You could file an affidavit of non-prosecution with the DA, but a lot of counties will still prosecute domestic violence cases anyway. Did your boyfriend do something other than choke you? Did you have any physical marks showing violence against you? You also must be careful what you say to the police and the DA because making a false police report is against the law. Women who are victims of domestic violence often take back their allegations once the perpetrator is arrested. If you have concerns about how to deal with what's going on, contact your local domestic violence shelter or go to www.thehotline.org... Read More

He may have to do some research to find a company that would hire him with his background. There are some companies who specialize in helping people with criminal backgrounds. He may also consider starting his own company. If he doesn't have a business background, maybe he could partner with someone who does.... Read More

An assault can be punished a lot of different ways. To tell you how this "3rd offense" could potentially be punished, you would have to tell us much more about the two previous offenses. If a case has been filed and accepted by the DA, call them. That will be the easiest way to find out. Just ask them what the "range of punishment" is for the case pending against him or her.... Read More

If she alleged that you choked her, it is likely that you were charged with Assault-Family Violence-Choking (or Impeding Breath). That is a 3rd degree felony. The range of punishment is from 2 years in prison up to 10 years in prison (also a $10,000 fine).  The short answer to one of your questions is that it is frighteningly easy to be arrested and charged with a felony offense. Many times all it takes is a phone call and an accusation. Obviously, that's all it took in your case. You have a very defensible case, based on the facts that you have provided. What you need to do is hire a good defense attorney who will fight on your behalf to get this case No Billed, dismissed, or acquitted.... Read More

It depends on the Judge. The judge that entered the order has the power to modify or lift that order. If the attorney representing the incarcerated person approaches the judge and makes the right argument, it might work. However, I would also advise that if the person for whom the order was originally entered is not on board with a modification of this sort, it has a snowball's chance in hell of being granted.... Read More

Draft a motion; doesn't have to be anything special. Put the caption of the case at the top (State of Texas v (your name) on the top left; the court number on the right). Google search for a moron to get an example. Title the login Motion to Return Property. In the body of the motion write what happened: your name is. ... and on date you were arrested for assault, giving rise to cause number blank in whatever court. As a result of the arrest the following property was seized: (list guns with serial numbers or something that describes them). The aforementioned property is currently in the possession of (dept), and being kept at (location of the property room). On date the case was dismissed,  dismissed due to whatever reason. As there is no longer any pending case and the guns were not used in the commission of any crime I would respectfully request this honorable court order the (whatever agency had them), (property room location if different) immediately return the guns to (your name and tdl and probably address; enough info to specifically Id you). Put a line at the bottom of the motion and sign it. Underneath write Pro Se Defendant.  Make an exact copy of the motion. On the second copy change the title to Order on Motion to Return Property.  In the slave between the signature line and the stuff above it write: Defendants Motion to Return Property is: GRANTED/DENIED.  Take three total copies to the court where your case was. You may want to call ahead and ask the da and clerk to have your files in the court that day. Go to court.  Tell the bailiff you're apro se defendant,  your case was dismissed, and that you have a motion you'd like to file. If they let you approach,  give your copies to the clerk (all 3) and ask him/her to file stamp all three copies for you. The original is for the judge. Give one of the file stamped copies to the da. The other is for you. Ask the clerk if you can approach the judge or if they will call you up. When you approach the  judge you can basically tell him/her exactly what the motion says.  If the bailiff won't let you approach, go file the motion in the clerks office. Then call the court and ask the coordinator what you need to do next.  These aren't terribly expensive to do, so if you run into problems give me a call.  Good luck!   ... Read More

Unfortunately, it's not that simple. Once you called the cops, that kind of set the ball in motion. Cops respond to the 911 call. They take statements. They make an arrest. They contact the DA's office and ask whether the DA's office will accept charges. The DA accepts a charge of Assault-Family Violence, against your husband (possibly a felony charge given your description of the incident). The charges cannot be "dropped" by you because you are not technically the person who filed charges; the State of Texas did, on your behalf.  They can pursue the case with or without you. That does not mean you cannot help him, if that is what you want to do. It just has to be done properly. I would not suggest you calling the DA's office on your own, to tell them you don't wish to pursue it. If you say it that way, there is almost no chance (at least if the case is in or near Harris County) that the charge will be dismissed. His attorney should know what do to, and how to explain it to you.  Best of luck.... Read More