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Recent Blog Posts
Understanding Child Custody in Texas
Child custody often plays a pivotal role in discussions when a couple with children is going through divorce proceedings. As is often the case, parents usually want to shield their child from the ugliness of divorce and maintain the child’s way of life to the fullest extent possible. Child custody discussions are an opportunity for divorcing parents to help ensure that their children’s lives and routines are impacted to the least extent possible. In this blog, we will delve deeper into child custody matters in Texas.
Before we begin, if you are going through a divorce and have children, contacting a knowledgeable child custody attorney can help ensure that your rights are protected. It can also help keep your child’s best interests at the forefront of every conversation.
Different Kinds of Conservatorships in Texas
In Texas, the law refers to child custody as “conservatorship,” while the parent with custody is called the “conservator.” There are two primary forms of conservatorships in Texas. The first is joint managing conservatorship and then sole managing conservatorship. It is usually presumed that joint managing conservatorship is the most favorable option since most family courts believe that being both parents involved in their children’s lives is better than only one parent being involved. In this context, both parents being involved means each parent will have parental rights and duties. In best-case scenarios, two parents will form a written agreement regarding child custody matters instead of having the court decide.
How Does Domestic Violence Affect Children?
As children develop, they tend to learn the basics of life, such as walking and talking, from their parents. They also rely on parents to teach them skills that will allow them to become self-sufficient. However, parents can also have a negative impact on their children. In a home where domestic violence has occurred or continues to occur, even young children can sense the problems, and witnessing violence can have lasting effects on children of all ages.
What Is Considered Domestic Violence?
“Domestic violence” is a term that describes a variety of behaviors used by a person to maintain power over a family member or member of the same household. Most commonly, domestic violence occurs between former and current romantic partners, and it may include threats, physical abuse, sexual abuse, intimidation, isolation, or emotional manipulation. Domestic violence is seen in all social, economic, and racial groups, and it can affect partnerships ranging from casual relationships to married couples. Whether intentional or not, the abuser uses their power to keep the victim in the unhealthy relationship.
Understanding the Sex Offender Registry in Texas
An alleged offender recently pleaded guilty and was sentenced to 50 years in prison for violating his sex offender registration requirements in Llano County. The man was originally required to register as a sex offender following multiple 1997 convictions in Williamson County for victimizing two young girls over a four-year period.
Sex crimes often carry serious penalties for alleged offenders, making a stringent defense against the charges even more important. Sex offender registration can be one of the most demeaning and embarrassing aspects of a sex crime conviction, so it comes as little surprise that some people are not terribly active in maintaining their records. There are, however, clear consequences to violations of state law.
Sex Offender Laws in Texas
Chapter 62 of the Texas Code of Criminal Procedure addresses the Sex Offender Registration Program, and this law states that any person with a reportable conviction or adjudication must register as a condition of parole or release to mandatory supervision, must register as a condition of community supervision, or extra-jurisdictional registrants must register as sex offenders. Reportable convictions or adjudications are defined as convictions or adjudications based on more than 13 different kinds of violations.
Can I Get My Criminal Charges Dismissed?
When someone is charged with a crime, he or she is officially accused of committing the crime. If a criminal case goes to trial, the case typically results in an acquittal or a guilty verdict. However, some cases never make it to trial. Criminal charges may be dropped or dismissed under certain circumstances.
If a criminal defendant's charges are dropped or dismissed, the criminal defendant avoids the stress of a trial. He or she is free to go without threat of jail time, fees, or other criminal penalties. Eventually, the individual may have the record of his or her arrest expunged, so it is no longer visible to landlords, employers, or community members.
When Are Criminal Charges Dismissed?
There are several reasons why a judge may dismiss criminal charges. The most common reason is a lack of evidence. If the prosecutor does not have enough evidence to prove the defendant's guilt beyond a reasonable doubt, the judge may dismiss the charges. A judge may also dismiss charges if he or she believes the defendant's constitutional rights were violated during the arrest or investigation. For example, if the police searched the defendant's home without a warrant or probable cause, any evidence obtained during the search would be inadmissible in court. As a result, the judge would likely dismiss the charges.
FAQs About Financial Fraud in Texas Divorce Cases
Almost every aspect of a Texas divorce case involves finances. Divorcing spouses must take stock of their assets and debts and find a way to divide those assets and debts during the divorce process. Alternatively, if the couple cannot reach an agreement, the court will make a determination on their behalf. Child support and financial support are also directly determined by the spouses' financial circumstances.
When a spouse is dishonest about his or her income, expenses, debts, or property, it can influence the divorce heavily. If you suspect your spouse is lying about money or hiding assets during your divorce, it is important to take action. An experienced Texas divorce attorney can help you investigate the matter and take steps to protect your interests.
What Does Financial Fraud Look Like?
Some common examples of financial fraud in divorce cases include:
- Hiding or underreporting income
Six DWI Defense Strategies in Llano County
In Texas, even a first-time conviction for driving while intoxicated (DWI) can lead to thousands of dollars in fines, mandatory jail time, and loss of driving privileges for up to a year. If you or a loved one were charged with drunk driving, you will want to understand the potential defense strategies a skilled DWI defense attorney may use during the case. Depending on the specific circumstances of the DWI traffic stop, arrest, and chemical BAC tests, it may be possible to avoid conviction or even get the charges dismissed.
Common Defenses Against Drunk Driving Charges in Texas
To convict someone of DWI, the prosecution must prove the elements of DWI beyond a reasonable doubt. An experienced criminal defense lawyer may use many different strategies to cast doubt on the defendant's guilt.
These include, but are not limited to:
- Questioning the reason for the initial traffic stop - The police officer must have had "reasonable suspicion" of criminal activity to stop the driver. Police cannot stop someone on a "hunch" or baseless feeling. If the stop was illegal, any evidence obtained after the stop may not be admissible in court.
Small Business Owner Divorce in Texas
Owning your own business can be deeply satisfying. Many small business owners appreciate the freedom and independence self-employment provides. They also enjoy the creativity and control they have regarding products and services. But being a small business owner also comes with certain challenges, especially when it comes to divorce. If you are a small business owner who is facing divorce, there are some special considerations you need to be aware of.
Business Assets and Community Property Laws
Texas is a community property state. This means that, in general, any assets or debts acquired during the marriage are considered to be jointly owned by both spouses. This includes the value of a small business. Often, businesses are considered marital property in Texas. This means that businesses are subject to division during divorce, just like any other asset.
Will I Lose My Kids if I Am Charged with Domestic Violence in Texas?
Domestic violence is a major problem in Texas. In order to protect victims of domestic violence from their abusers, Texas laws allow acts of domestic violence to have a significant impact on divorce proceedings. While this certainly helps true victims of domestic violence, it also makes it easy for false allegations to completely derail an innocent parent’s chances of getting custody of their kids. If you are getting divorced and facing allegations of domestic violence, it is important to understand how Texas child custody laws work.
How is Child Custody Decided in Texas?
Child custody is divided into two areas - possession and access, also known as “visitation,” and conservatorship, also known as “custody” or the ability to make important decisions on behalf of the child.
How Can I Protect My Children if My Partner is Violent?
Researchers who study domestic violence in Texas estimate that nearly a million women are battered in Texas every year. Battered woman syndrome (BWS), defined as as type of post-traumatic stress disorder, can make a woman feel fearful and afraid to leave an abuser, even as the violence escalates and becomes dangerous to the victim and her children. A woman does not have to be severely beaten by a man to suffer from BWS; threats, coercion, and intimidation can be sufficient in making a victim feel psychologically and physically trapped in a bad relationship.
Because Texas recognizes the seriousness of domestic violence and the difficulty in leaving abusive relationships, victims of domestic violence can get protective orders or restraining orders to make it easier to leave without fearing vengeance from their abuser. Although the terms “restraining order” and “protective order” are often used interchangeably, they are not the same and the right one for you will depend on your situation. A Llano family law attorney can help you assess your living situation and apply for a protective or restraining order if necessary.
What Should I Do if I Want to Separate But Am Not Sure I Want to Get Divorced?
The final decision of whether or not to get a Texas divorce is often one of the hardest choices a person can make. There may be good reasons to stay and good reasons to go; you may worry about your kids or whether you can financially support yourself without your spouse. Whether or not you ultimately decide to get divorced, one thing is certain: knowing your options is always a good idea. If you are considering divorce in Texas but are not ready to take the plunge, here are some questions to ask yourself before you make the final decision.
Can I File for Legal Separation?
Some states have the option to separate your assets and establish a parenting plan without actually finalizing a divorce. Unfortunately, in Texas, there is no such option available. Instead, you may want to consider one of the following:
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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