One of the most common methods that Courts use to deal with family violence is the execution of a civil court order that is designed to stop violent and harassing behavior and to protect family members from an abuser, known as a “protective order.” In recognition that more can be done to protect victims that are susceptible to further occurrences of family violence, stalking, and dating violence, the Texas Legislature has modified the law regarding the time period for which a protective order may remain in effect. Previously, final protective orders were effective for up to two years. Now, judges have the discretion to make a protective order remain in effect for an entire lifetime.

This link is to a news story on News 4 WOAI (San Antonio, Texas) about modifications to laws regarding protective orders.
(http://www.woai.com/news/local/story/New-protective-orders-to-better-protect-domestic/upfHzyjSf0OmnP7I5wNGSw.cspx)

This link contains additional information about family violence protection laws in Texas.
(http://www.womenslaw.org/laws_state_type.php?id=592&state_code=TX&open_id=11135)

This link contains information and a SAMPLE Protective Order from the Texas Attorney General’s Office.
(http://www.oag.state.tx.us/AG_Publications/pdfs/protectiveKit_dv.pdf)

You can make the financial power of attorney effective immediately after it is signed, or make it effective in the event of your incapacity (the inability to make decisions on your own behalf).

Although the State of Texas has promulgated a standard form to be used (see the link below), you should consult with an attorney when preparing a financial power of attorney to ensure that it accurately reflects your needs and wishes.

http://www.statutes.legis.state.tx.us/Docs/PB/htm/PB.XII.htm#490

The Fair Debt Collection Practices Act (FDCPA) was created for the sole purpose of protecting consumers from debt collector harassment by prohibiting certain debt collector behavior.  It prohibits debt collectors employed by third party collection agencies from engaging in any form of debt collector harassment, but the Act’s provisions do not cover collectors hired by the original creditors themselves.

See this link: http://bankruptcy.findlaw.com/bankruptcy/more-bankruptcy-topics/bankruptcy_help_stop_debt_harassment.html

Among other things, the FDCPA prohibits

• Calling at unreasonable hours.
• Failing to cease communication upon request.
• Repeatedly and continuously calling.
• Communicating with consumers after they have filed bankruptcy.
• Communicating with consumers at their place of employment.
• Communicating with consumer represented by an attorney.
• Communicating with consumers after request for validation.
• Misrepresenting or deceiving.

Me: “OK, can I speak with your mother?”

Potential Client: “Well, she sometimes zones out and is confused, but she knows what she’s doing–most days.”

Dementia (and other neurological diseases) commonly confront attorneys when we are asked to handle Elder Law matters and related legal issues.

Here’s a link to a brief but excellent pamphlet relating to Dementia, and how to address care for aging loved ones.  It covers Guardianships, Estate Planning, Disability Planning, Long Term Care Options, and Hospice in the event that Dementia or another neurological disease poses a challenge to your family member or friend.

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/ElderLaw/DementiaGuide.pdf

If you are thinking of suing a person or business when you’ve tried other ways to resolve a problem, you should always consider going to Small Claims Court before hiring a lawyer.

There is a limit to the amount ($10,000 in Texas) and the types of claims that you can bring.  Also, a Small Claims Court can only award money damages (aside from evictions, it cannot force someone to perform, or issue an injunction prohibiting someone from doing something).  But Small Claims Courts are informal, effective, and a lot less expensive than attorneys.

Ensure that your claim is LESS than $10,000 (if not, the case will be dismissed).  Also, research the legal name and/or assumed name of a business to make sure that you are suing the right party. 

The State Bar of Texas publishes an excellent pamphlet (PDF) on everything you need to know about handling a case in Small Claims Court.  Here is the link:

http://www.texasbar.com/Content/NavigationMenu/ForThePublic/FreeLegalInformation/OurLegalSystem/HowtoSueinSmallClaimsCourt.pdf 

As an aside, a few people have asked me if “Judge Judy” or “The People’s Court” are examples of Small Claims Courts.  Actually, they are not.  They are in fact “arbitrations” (disputes resolved by an arbitrator that are binding and cannot be appealed) staged to look like court battles.

I guess “Arbitrator Judy” and the “The People’s Arbitrations” didn’t sell with the corporate sponsors.  Good Luck.

So begins an article by my former Professor, the highly esteemed Gerry Beyer (Governor Preston E. Smith Regents Professor of Law, Texas Tech University School of Law, updated May 10, 2010).

The Texas Constitution protects the homestead–generally described to mean the property a person or family defines as a residence–from forced sale except in limited circumstances.  These circumstances include, but are not limited to: ad valorem (property) taxes, purchase money liens, mechanic’s and materialman’s liens under certain conditions, refinancing, home equity loans, and reverse mortgages.

For a description of hometead rights and exceptions in more detail, read the full article at http://professorbeyer.com/Articles/Homestead.htm

http://www.bcad.org/clientdb/?cid=1

http://www.abanet.org/publiced/practical/child.html

http://www.texasbar.com/am/template.cfm?section=Our_Legal_System

http://www.nolo.com/dictionary