Criminal Law, Wire Tapping, Tape Recording, Computer Security, Tampering of Evidence, Denial of Possession and Family Violence are criminal issues that arise in family law context. It occurs because a litigate in a divorce or custody action in an effort to improve their position or to find the “smoking gun” overreaches into violations of Texas and Federal penal statutes. This issue has come up on several occasions in our practice. The articles linked to this page were written to help the people of Dallas County and the State of Texas become aware of and to avoid criminal penalties arising out of the family law context. Frankly, if you are charged with violation of a penal statute the concepts of custody, paramours, and division of property in the divorce context may be your last worry. Recognize that the defense of a felony indictment may require anywhere from a $5,000.00 to $25,000.00 retainer for criminal defense counsel.
Click here for information about:
- Interference with Child Custody. The District Attorney’s office in Dallas has traditionally not brought this charge against offenders. This may change with the election of Susan Hawk. That said, many counties in Texas will indict someone with the charge of Interference with Child Custody.
- The Tracking Device. All too often a spouse is being “tracked” by the other spouse through a Lojack or comparable device. It is legal to track your own car – that is titled or leased in your name. It is a violation of the law to track a vehicle belonging to someone else. Read More.
- Breach of Computer Security. It is a crime on both the state and federal level to break into an email account, an online network, or to peruse the contents of a harddrive on a PC that is not in your control (“doesn’t matter that the PC is community property). Read More.
- Domestic Violence. Domestic violence is the willful intimidation, physical assault, battery, sexual assault, and/or other abusive behavior perpetrated by an intimate partner against another. Most cases of domestic violence go unreported. In most cases, the victim will return to the perpetrator after the perpetrator had made amends – don’t fall for this (they always want to make amends). Men as well as women can be victims of domestic violence. In Texas, family violence includes dating relationships, or any member of a household. Read More.
- On behalf of the victim, we have brought protective orders which, although just a piece of paper, authorizes immediate police action and arrest if it is violated.
- On behalf of the accused, we have defeated the protective order on many occasions. Many times they are brought for no other reason but to try to obtain advantage in a divorce case. We had a case in Tarrant County where the lady straight up lied to the court at her own attorney’s urging. Fortunately for our client, she could not withstand the crucible of cross-examination. Another in Denton, her affidavit overreached with hyperbole that could not withstand cross examination (the “sniper rifle” was an air rifle). Unfortunately, domestic violence issues makes for expensive litigation.