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Recent Blog Posts

Will I Lose My Kids if I Am Charged with Domestic Violence in Texas?

 Posted on August 26,2022 in Criminal Defense

Llano, TX Domestic Violence Defense LawyerDomestic 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. 

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How Can I Protect My Children if My Partner is Violent?

 Posted on August 11,2022 in Family Law

Marble Falls, Texas Protective Orders AttorneyResearchers 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. 

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What Should I Do if I Want to Separate But Am Not Sure I Want to Get Divorced?

 Posted on July 25,2022 in Family Law

Marble Falls 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: 

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3 Things to Do if Texas Child Protective Services is Investigating You

 Posted on July 13,2022 in Criminal Defense

Llano, TX Child Crimes Defense AttorneyAccusations of child abuse are easy to make but very difficult to fight. No matter how sincerely you believe you are innocent, however, it is necessary to take accusations seriously because an investigation from Texas Child Protective Services can have a seriously negative impact on your relationship with your children. Many people believe that being cooperative with Child Protective Services is the best way to get a case dropped but unfortunately, that is not how it works. Your best hope for fighting unwarranted investigations from Texas CPS is having an experienced attorney who knows how to defend your parental rights. Here are three tips for how to behave if you have just learned that Texas CPS is investigating you. 

Ask What the Charges Are

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When Can a Texas Divorce Order Be Modified?

 Posted on June 27,2022 in Family Law

llano-county-divorce-modification-lawyer.jpgTo avoid repeated court visits, harassment by ex-spouses, and disruptions to the life of children of divorced parents, Texas courts set strict limitations around when divorce orders can be modified. Certain parts of divorce decrees are easier to modify while others are, practically speaking, next to impossible to change. If you have been divorced in Texas and are wondering whether your divorce order may be modified, read on and then contact a Llano County divorce attorney for help. 

Mistakes in Application of Law

If you believe the judge in your case made a mistake applying the law - for example, if an asset was considered your spouse’s personal property and you are sure it is marital property - you have 30 days to file an appeal. Even if you simply disagree with the judge’s findings in your original divorce decree, you do have the right to an appeal. A higher court will review your case and determine whether the judge in your case made any mistakes, although such a finding is rare. 

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Can I Sue My Ex or His Girlfriend in Texas For Ruining Our Marriage?

 Posted on June 10,2022 in Family Law

fredericksburg-tx-divorce-attorney.jpgMany a Texas divorce has been triggered by the sudden, shocking revelation that one spouse is having an affair. For the spouse who is victimized by this behavior, finding out that your life partner has been so dishonest can be heartbreaking. If you are in this situation, you may understandably feel angry and betrayed. Your anger may be directed at your spouse, but it may also be equally directed at the person who helped your spouse blow up your marriage. In addition to your spouse’s lover, this could be friends, family members, and even a therapist of your spouse’s who encouraged a divorce or worked to hide the infidelity from you. 

Not so long ago, adultery was illegal in many states and spouses whose partners cheated on them could, at least theoretically, hope that their partner would suffer consequences for their behavior. But adultery is not illegal in Texas and Texas also has legislation specifically abolishing the right to bring an “alienation of affection” lawsuit, in which someone responsible for destroying a couple’s marriage could be sued. So if you cannot do that, is there anything you can do to pursue justice against a spouse who ruined your marriage? 

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What Should I Do if My Texas University Opened a Title IX Sexual Assault Case Against Me? 

 Posted on May 27,2022 in Criminal Defense

llano-county-defense-attorney.jpgWhile modern political currents have made it easier for true victims of sex crimes like rape and sexual assault to come forward and seek justice, there has also been an unfortunate increase in false and defamatory accusations based on events that never happened or did not happen according to the alleged victim’s version of the story. All over Texas, young people in college - especially young men - are finding themselves the target of accusations, many of which are false. 

Being accused of sexual misconduct can cause you to feel many things - shock, embarrassment, dismay, and anger being only a few. Unfortunately, a police investigation and criminal charges may only be the beginning; college students accused of sexual assault may also be facing discipline from their university’s Title IX office. 

Do I Need a Criminal Defense Attorney? 

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How Can the BIFF Communication Method Help Our Divorce Go More Smoothly?

 Posted on May 09,2022 in Family Law

llano-divorce-attorney.jpgDivorcing a hostile spouse in Texas is no easy feat. While most couples are not getting along well by the time they pursue divorce, some people are particularly prone to conflict and actively seek it out. Spouses often get caught up in the emotional highs and lows of the fights they share during divorce, and while getting that perfect one-liner under your spouse’s skin may feel good in the moment, it often leaves you feeling rotten for many days afterward. If you want to put a stop to the hostilities in your communication, the BIFF communication method may be helpful to you. 

What is the BIFF Method? 

BIFF stands for “brief, informative, friendly, and firm.” It is a communication strategy designed by relationship conflict experts who want to help divorcing spouses - and anyone else in a high-conflict environment - minimize angry conversations and turn tense talks into reasonable, effective discussions. The BIFF method uses these four strategies: 

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How Can I Get My Texas Driver’s License Back After a DWI Conviction?

 Posted on April 22,2022 in Criminal Defense

llano-county-dui-lawyer.jpgGetting convicted of the crime of driving while intoxicated (DWI) in Texas can have a major detrimental impact on many areas of your life. While people are encouraged to take their punishment and then get back to living as productive members of society, DWI convictions can make that particularly difficult because living without a driver’s license makes it nearly impossible to do basic activities. Getting to work, grocery shopping, and taking your kids to school are all very difficult without a driver’s license. 

Fortunately, an experienced criminal defense attorney can defend you from DWI charges and, if you lose your license, help you get it back. Here are two common questions about getting a driver’s license reinstated in Texas. 

How Long Do I Have to Wait Before Getting my Driver’s License Back? 

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Three Facts About Qualified Domestic Relations Orders in Texas

 Posted on April 13,2022 in Family Law

llano-county-divorce-lawyer.jpg

After your Texas divorce is finalized, chances are that you will be happy to avoid contact with your ex as much as possible. However, alimony or spousal support payments often require spouses to stay in contact with each other, even if only to address logistical issues. Fortunately, some spouses will qualify for something called a Qualified Domestic Relations Order, or QDRO, which allows them to split retirement benefits in such a way that the receiving spouse gets payments directly from the retirement plan administrator. If you are getting divorced and are wondering how a QRDO might benefit you, read on. 

A QDRO Allows You To Retain Favorable Tax Benefits

QRDOs are legal orders from a Texas family court allowing spouses to change partial ownership of their retirement plan when they split marital property in a divorce. With a QDRO, spouses can continue to benefit from tax deferred retirement plans while still dividing community property at the appropriate time. Unlike a house, which must be sold and have its capital gains taxes paid before the value can be divided, retirement accounts can continue accruing value without tax penalties until such time as benefits are paid out. 

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