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Recent Blog Posts
Dealing With False Allegations of Domestic Violence in Texas
Domestic violence is a serious crime, as are false accusations of domestic violence. False allegations need to be handled with the understanding that they can wrongfully lead to restraining orders, criminal charges, and significant damage to a person’s personal and professional reputation. In the context of family disputes and custody battles, false allegations can irreparably damage a parent-child relationship.
When facing these types of accusations, it is crucial that you understand the implications and how to protect yourself. If you are falsely accused of committing domestic violence, possibly due to anger or malicious intent by your child’s other parent, you need a qualified Marble Falls, TX criminal defense lawyer with experience handling similar cases.
What Constitutes a False Allegation of Domestic Violence?
People can sometimes misunderstand a situation and mistakenly accuse someone of wrongdoing. For example, a neighbor can hear what sounds like an intense, physical altercation ending with a child screaming. That neighbor might think someone purposely hurt that child when in fact the child might have been trying to move his furniture or toys and then got hurt and cried.
Can a Protective Order Stop Domestic Violence?
One of the most traumatic forms of violence a person can deal with is domestic violence. If you are a victim, the family you should be able to trust and the place that is supposed to be your safe space may be the sources of the biggest dangers in your life.
Fearing for your safety is an awful experience to go through, but there are steps the legal authorities can take to protect you, including protective orders, commonly referred to as restraining orders. If you or your children are suffering domestic violence, speak with an experienced Llano, TX family law attorney about pursuing a protective order.
What Type of Domestic Abuse Qualifies for a Protective Order?
You might be surprised to learn that protective orders are not only issued for actual physical violence. They are commonly used to address various types of abuse in intimate relationships, including:
A Step-By-Step Guide to a Criminal Arrest in Texas
The criminal justice system can be overwhelming, especially if you have never encountered it before. If you are about to be charged with a crime, you might wonder what to expect and how long everything will take. This article will describe the stages from an arrest until a trial begins. If you have questions, speak with a knowledgeable Marble Falls, TX criminal defense attorney.
Stage 1: Arrest
You can get arrested if there is probable cause, a witness identifies you, or a police investigation leads to you. After getting an arrest warrant, police can take you into custody. They can search your body and your surroundings for illegal drugs or weapons, evidence, or stolen objects. Whatever personal belongings they confiscate from you are placed in an inventory that you sign for.
Stage 2: Booking
A clerk will record information about your arrest, the charges, and personal information. They will typically fingerprint you, take handwriting and DNA samples, and photograph you for a mug shot. Booking should take place within hours after the arrest. If it does not happen quickly, your lawyer can ask for a writ of habeas corpus, which orders the police to bring you to court to see whether you are being detained unlawfully.
What Happens When Divorced Parents Disagree About Social Media Use in Texas?
When parents go through a divorce, many disagreements can come to light. Whether their arguments are about what to feed their child, how much screen time they should have, or how to handle homework, there are endless potential points of contention.
A law that was recently enacted in Texas aiming to regulate parental control over children’s social media use has highlighted another source for arguments that could have parents seeking to modify their custody arrangement. If you and your ex disagree about which social media practices are appropriate for your child, speak with a reliable Llano, TX family law attorney to understand how to address this.
How Can Custody Arrangements Affect a Child’s Social Media Use?
When parents are involved in a custody dispute, social media usage can be just one of many sources of arguments. One parent might advocate for their child’s safety by seeking to protect the child from harmful or inappropriate content. The other might focus more on helping the child develop healthy independence by encouraging her to make smart choices.
Can I Be Forced to Install a Breathalyzer in My Car after a Texas DWI?
According to official Texas statistics, 1,090 people died last year in car crashes where the driver was under the influence of alcohol. Those fatalities made up a quarter of all motor-related deaths in the state in 2023. Local authorities are trying to crack down, resulting in serious consequences for DWI (driving while intoxicated) charges. A DWI conviction can result in a prison sentence, in addition to getting your driver’s license suspended and being given heavy fines. Depending on the details of your case, the judge can even order you to install an ignition interlock device (IID) in your car. If you are facing DWI charges, speak with a Marble Falls, TX criminal defense lawyer who can help you navigate the next steps.
How Does an IID Work?
An ignition interlock device (IID) is a small breathalyzer device that you might be required by law to install in your car. Its main function is to measure your blood alcohol concentration (BAC) to determine whether you have too much alcohol in your system to allow you to drive.
What Happens if I Get Divorced Without a Lawyer? | TX
Many people think about getting divorced without a lawyer to save money and time. While this is possible, it can lead to serious problems. Without a lawyer, you might struggle to understand your legal rights, divide your assets fairly, or address important issues like child custody and child support.
The decisions you make during a divorce can affect your finances and family life for years, so it is important to understand what you are risking if you choose to go through the process without legal help. Call our friendly, experienced Texas divorce lawyer at Law Office of Russ Alan Baker, PLLC to learn more.
Why Do People Get Divorced Without a Lawyer?
People often think about getting divorced without a lawyer for a few reasons. One of the main reasons is to save money. Divorce can be expensive, especially if it involves hiring a lawyer. Some people believe that if their divorce is straightforward, they can handle the paperwork and negotiations on their own. For example, if a couple agrees on how to divide their property and there are no children involved, they might feel confident enough to go through the process without legal help. In some cases, people simply want to get the divorce over with quickly and believe that skipping a lawyer will speed things up.
The Potential Consequences of a Felony Conviction in Texas
Texas ranks as the state in the nation with the most people incarcerated. There are currently more than 130,000 people sitting in Texas prisons and jails. This should come as no surprise since the state also has the sixth highest incarceration rate in the country at 452 out of every 100,000 individuals, as well as having the most convicted felons living here. While population does play a role in these numbers, it is important to note that other states with similar populations – like California – are not even in the top ten of felon population.
Felony charges are the most serious criminal offenses you can face. Although a misdemeanor conviction can result in up to 12 months in jail, a felony conviction often means years in prison, including the potential of life sentences. If you have been arrested on felony charges, it is important to speak with a Texas defense attorney immediately to find out what legal options you may have for defending against these charges.
When Can Texas Courts Order a Paternity Test?
Paternity can be a contested topic. Many parents may find themselves needing to establish paternity with a DNA test to ensure that each parent understands their legal rights and obligations to a shared child. In some cases of paternity disputes, the court may order that the alleged father of the child submit a paternity test. A skilled Texas paternity lawyer can help you navigate the process of establishing paternity whether you are a mother or a father struggling with this issue.
Why Is It Important to Establish Paternity?
Paternity helps a father obtain legal rights to his child, allowing him visitation and child custody rights in the case of a divorce. Paternity will also provide the father with the responsibility to provide financial support to his child. In cases where paternity is questioned or challenged, establishing paternity can help put an end to custody and child support disputes.
How Long Does a Sex Offender Have to Register in Texas?
If you have been convicted of a sex crime in Texas, there is a high chance that you will be required to register for Texas’s sex offender registry as part of your sentence. Registration on this list may be temporary or for a lifetime, depending on the type of sex crime committed, and you will have to report to law enforcement within a certain time period after being released from jail or otherwise sentenced.
An experienced Texas sex crimes defense attorney can help you understand your rights if you are facing a sex crimes charge.
Understanding Texas Sex Offender Registration
The standards for Texas sex offender registration are set by the federal Megan’s Law and the state statutes. Megan’s Law requires that Texas maintains a sex offender registration list, while state statutes for sex offender registration outline details for things like risk assessment of sex offenders, registration requirements, and public notification requirements.
Can I Refuse a Breathalyzer Test in Texas?
Being stopped by a law enforcement officer is a stressful situation, and this can be made even more complex if the officer asks you to complete roadside sobriety tests. Many people in this situation are worried about being charged with DWI, or driving while intoxicated, and wonder whether agreeing to the breathalyzer test helps or hurts their odds of conviction. It is important to understand your legal rights so that you can make the best decisions for your specific situation.
In Texas, you can refuse a breathalyzer test in certain situations, though doing so may come with penalties. A knowledgeable Texas DWI defense lawyer can help you navigate your next steps if you have refused a breathalyzer test.
Understanding the Texas Implied Consent Law
Texas has an Implied Consent Law, which applies to all individuals with a valid Texas driver’s license who have been lawfully arrested for a DWI. Under this law, once you are arrested for a suspected DWI, you automatically give your consent for blood or breathalyzer testing.
From our offices Llano and Burnet, our law firm serves clients in Marble Falls, Johnson City, Blanco, Fredericksburg, San Saba, Llano County, Burnet County, Mason County, Lampasas County, Blanco County, Mills County, Gillespie County, and throughout Central Texas.
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