Legal Question in Family Law in Texas

my ex gf beat me up she even knocked herself in the face with her brush so she could have me arrested but i called the cops and i went to jail and since 6-27-2013 i been getting screwed when i got bond from judge i also got hit with an epo and judge said i could not go 500 feet near her or my house but i read in the family code that if we share a residents that both our names on lease that epo cant make me leave that there has to be a hearing and real good evidence and etc showing and proving that i committed act of family violence and then if so by law and my rights that i would have 30 days to leave and she would have to leave if she wants and any type of protection but on 7-08-2013 she filed for full protection order and i got copy of her application and it had her statement in it telling what happened and every word and accusation in it is false but i got served 7-16-2013 on the hearing was 7-23-203 and i didn't know what i was walking into i was there on time early and i seen her coming down hall with 2 armed officers and D.A for state and they go in courtroom and like 10 mins her lawyer/ D.A comes and asks me if i just want to agree and sign it and tries to hand it to me telling me look at it and see what it is and i told him that i know what it is a bunch of lies i'm not violent and didnt touch her so why would i want to sign it and give it to her but he notices its got my nam on it and some other person not even part of this order and he calls clerk over to have her fix it and we haven't decided what we was doing and i asked what would you do he said i cant tell you that then i asked can i get time to hire a lawyer he said he didn't know ask the judge and he asked so u want a hearing then i guess and i said yeah he goes back in court room and then bout 5 mins they walk me in i felt so dis-respected bc they are treating me like im a violent person and the ex is acting so scared when im the victim so judge calls my name tells me sit where you and your lawyer normally sits and asks if the applicant is in the courtroom and her attorney and then looks and ask if i had one i said no and he turns and mumbles so u be representing your self and her lawyer is already caliing witnesses and so i couldnt even ask for a lawyer bc there trying to get this hearing or the road d.a ask arresting officer did he tall domestic at so so and if he got statement for her and yeah he did if he got statement from me and he said no i dont even think he did he blew it of and d.a was done after that then judge asked if i wanted to ask him anything i said no then she got up there and put on a show shaking looking scared then it was my turn and judge asked me if i wanted to ask her anything i said yeah im not a lawyer i asked so your saying i did hit you and she goes huh i asked so your saying i did hit you and judge told her to answer the question she looked mad and i asked her a couple more then she proveked a fight and judge got mad and i asked her a couple more and she was looking at me like she wanted to kill me and when she got off stand noboby was even looking but she was just therating me me with gestures and body language and then i get up there and tell them the whole truth and also what else she did she also got me fired then the d.a questions me and just attacks me on my past crimnial record and its mostly drug charges and on my drug addiction from past and she worse then i was on drugs and ask if i took a drug test if i pass and that just made me look bad so she got it granted and it pretty much sums up i am guilty of famil violence and i havent even got a court date for the charge yet but im already guilty by this and i get copy of order after about 15 20 mins after hearing was over but it was just so she could get out and leave b4 me safety for the victim but i start looking at order walking thru court house and it says the case was heard on 24th day of july 2013 and applicant appeared in person with attorney and that i was duly citied and etc. and no boxes are checked showing that i was there on first page of order and the last page of order it asks how i was served final order in open court or mail and none of boxes is checked and it even say signed 24th but it was signed on 23rd just the judge no others and 7-25-2013 about 10:30 am the sheriff that served me the hearing notice pulls up at my moms and im already outside hes walking up ans says i got another on for you a perment one just kiding around and i looked online at the grayson county texas civil case and it they put mail respondent final order that was on 23 and it shows the also serving final order 7-25 so this was a tainted and illegal hearing and what can i do to get her charge with all this she beat me bad and this was like 10th time this yr and she also was verbal and meantly abusive she got me fired and i haven't been able to find a job so i really can hire lawyer so if you know how and where i get some help with that


Asked on 7/25/13, 11:07 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

This is too long to read but you were served with a notice that you were to appear at a hearing so you were put on notice that if you wanted a lawyer, you needed to hire one. They did not have to give you a reset. If you have a criminal case, hire a lawyer to represent you on that and quit fooling around. These matters are serious and can have long term consequences.

You are wrong about the residence; you can be ordered to stay away.

You can get emotional / mental help by contacting a local abuse hotline for free counseling.

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Answered on 7/31/13, 2:21 pm


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