Can a Jury Convict Me If Domestic Violence Even If the Accuser Recants?

September 12th, 2019 by Tad Nelson in Domestic Violence

Domestic violence is a serious matter under Texas law. In some cases it can lead to felony charges and put a defendant in jail for well over a decade. So it is critical that every piece of evidence is carefully considered by the jury before it reaches a verdict. Appeals Court: Jury Allowed to Disbelieve […]

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Can I Still Be Convicted of Family Violence Even if the Accuser Changed Her Story?

November 9th, 2018 by Tad Nelson in Domestic Violence

Once a domestic violence allegation is made to law enforcement, even a subsequent recantation by the accuser will not necessarily stop the case from going to trial. Indeed, the legal system is often eager to excuse an accuser changing his or her story as part of the underlying act of domestic violence. So even the […]

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What Happens to My Child Support Obligations If I Am in Jail?

December 11th, 2017 by Tad Nelson in Family Law

Texas courts base child support orders on a non-custodial parent’s income and other “net resources.” But what happens when a parent is in jail and has no income? Does that eliminate an existing support obligation? And can an inmate lose his or her parental rights because she is unable to make support payments? If there […]

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How a Default Judgment Works in Texas Divorce Cases

September 27th, 2017 by Tad Nelson in Divorce

Divorce is a type of civil litigation in Texas. This means that one spouse must sue the other to obtain a judgment of divorce. While many divorces are uncontested or resolved through mediation, the spouse named as the defendant always has the right to contest the proceedings and go to trial. If the defendant spouse […]

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When Does “Stalking” Justify a Protective Order in Texas?

September 11th, 2017 by Tad Nelson in Family Law

A protective order does not necessarily require an overt act of violence, such as proof of domestic violence. Under Texas law, a judge may grant a protective order whenever the applicant is the victim of certain specified criminal offenses such as stalking. What constitutes “stalking”? Under Section 42.072 of the Texas Penal Code, there are […]

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How Does Adultery Affect the Division of Marital Property in Texas?

August 3rd, 2017 by Tad Nelson in Divorce

Historically, adultery was one of the few legal grounds for divorce in Texas. But with the advent of “no-fault” divorce, it is no longer necessary to prove that one spouse cheated on the other. Indeed, in many cases it is in both parties’ interests to seek a no-fault divorce even if there is adultery. After […]

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When Is a Prenuptial Agreement Actually a Post-Marital Agreement?

July 18th, 2017 by Tad Nelson in Family Law

Texas courts recognize both premarital and post-marital (or marital) property agreements. A post-marital agreement may provide for the “partition or exchange of community property,” that is any property acquired by either spouse during the marriage (with some exceptions). A properly drafted premarital agreement, however, can declare that all property brought into the marriage should remain […]

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Who Qualifies as a Victim Under Texas Domestic Violence Laws?

July 12th, 2017 by Tad Nelson in Criminal Defense

Texas treats crimes involving domestic violence more harshly than similar acts against other types of victims. For example, under Section 22.01 of the Texas Penal Code, an assault that causes bodily injury is normally prosecuted as a Class A misdemeanor. But if the victim is a member of the victim’s family or household–or the defendant […]

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Does My Immigration Status Affect My Child Custody Rights in Texas?

July 12th, 2017 by Tad Nelson in Family Law

It is widely believed that more than 1 million undocumented immigrants currently live in Texas. A person’s immigration status can affect all aspects of their lives, including their rights in a divorce or family law matter. For example, an undocumented immigrant’s inability to maintain a stable job or residence may be cited as a factor […]

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How Do Houston Courts Determine Child Visitation Schedules?

June 1st, 2017 by Tad Nelson in Family Law

Child custody and visitation rights are often one of the more contentious issues addressed in a Texas divorce proceeding. Ideally, the parents can agree to a schedule that works for them and their children. But when the parents fail to agree, the courts and the law have to step in. The Standard Possession Order The […]

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