Texas Court Affirms Divorce Decree Despite Wifes Challenges On Appeal

A recent ruling by the Fourteenth Court of Appeals upheld a trial court’s final divorce decree in favor of the husband. The case, originating from the 247th District Court in Harris County, Texas, involved a contentious appeal by the wife. She raised several issues, most notably challenging the husband’s expert witness. The wife argued that the expert,…

How Deferred Adjudication Agreements for Felony Offenses Can Affect Sentencing Enhancements

In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing the defendant to fulfill certain obligations. Once these are met, the charges may be dismissed or significantly reduced. This approach helps many avoid jail time and a…

Obstacles To Obtaining Protective Orders In Texas Against Out Of State Residents

Both State and Federal laws apply to the procedures for courts to issue and enforce domestic protective orders that can be issued to prevent a respondent from contacting, threatening, or harassing the petitioner after certain allegations are proven to an acceptable degree. Although federal laws that apply to protective order respondents are enforceable from coast…

Judicial Discretion In Awarding Attorneys Fees In Texas Divorce Cases

Divorce proceedings in Texas can quickly become costly, especially when both parties hire attorneys to navigate the complex process. The total legal expenses can escalate significantly, particularly in cases where financial disparities exist between the spouses. In such scenarios, one spouse might need to enlist forensic investigators as part of their legal team to accurately…

Applying the Due Process Clause of the Constitution to Electronic Court Hearings

With the passing of the COVID-19 pandemic in 2020, the legal landscape in Texas has undergone significant transformations. Notably, there has been a marked increase in remote court hearings and adjudications, a trend that persists even as the threat of illness has diminished. The increase in the number and scope of remote proceedings has sparked…

What if Criminal Action is Necessary to Protect Against a Greater Harm?

One of the most common general philosophical discussions concerning law and crime in Texas involves what is known as the “necessity defense.” The necessity defense allows for certain criminal conduct to be excused when the conduct was necessary to prevent a greater harm. Self-defense is a type of necessity defense, as is the violation of…

Texas Appeals Court Partially Reverses Parental Rights Termination

Terminating a person’s parental rights is a serious consequence. In Texas, a trial court must find clear and convincing evidence to terminate parental rights. To meet this high standard of proof, the Texas Department of Family and Protective Services (“the Department”) will introduce evidence that termination is in a child’s best interests. However, if the…

Texas Appeals Court Upholds Property Division And Joint Conservatorship Ruling

In a typical divorce proceeding, property division and child custody will likely be two main issues among the parties. In Texas, property owned by one spouse before the marriage is usually not subject to division. However, if the other spouse increased the property’s value through specific contributions, that spouse may be entitled to the fair…