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Family and Criminal Law Blog

Tuesday, January 24, 2023

Affirmative Defenses


When a person is charged with committing a crime, there are a number of defense strategies that can be employed to help them be acquitted. Most commonly, a defense strategy will involve undermining the prosecution’s case. After all, as all defendants are innocent until proven guilty, the burden rests with the prosecution to prove guilt beyond a reasonable doubt. By undermining the prosecution’s case, doubt is cast on it and it can be a barrier to having the jury convinced of guilt beyond a reasonable doubt, the highest legal burden to meet in the U.S.
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Tuesday, January 24, 2023

The Basics of Alimony


There are many hot-button issues addressed during divorce proceedings, but one of the most notorious ones is that of alimony. Alimony is paid from one spouse to the other either during or after a divorce. In Texas, alimony is referred to as “spousal maintenance” or, simply, “maintenance.” The paying or receiving of alimony can have profound impacts on the financial life of either spouse well after a divorce has been finalized. It is an important issue and one you should gain at least a familiarity with prior to going through a divorce.
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Tuesday, January 24, 2023

What Can You Use Child Support Payments for?


Child support is standard in many custody orders issued by Texas courts. In most, but not all, cases child support is so ordered in a custody dispute between two parents who are divorcing. With limited exceptions, child support is paid by the non-custodial parent to the noncustodial parent in order to provide financial support to meet the needs of the child. The exact amount of child support ordered will depend on a number of different factors involved in the case. With all of the complexities involved in these kinds of cases, you may be left wondering what child support payments are actually designed and supposed to cover and what they are not.
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Friday, December 16, 2022

What are the Three Classes of Misdemeanors in Texas?


Conviction of a misdemeanor in Texas is a serious matter. While the penalties may not be as severe as those of a felony conviction, it can still change the rest of your life. In addition to steep fines and jail time, a misdemeanor conviction can also make it difficult for you to find a job and secure housing. Here is what you can expect to potentially face if you are charged and convicted of one of the three classes of misdemeanors in Texas.

What are the Three Classes of Misdemeanors in Texas?

Texas law divides misdemeanor offenses into three different classes.


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Friday, December 16, 2022

Minimum Sentence for Sexual Assault in Texas


The Texas Penal Code generally defines sexual assault as any unwanted or non-consensual sexual contact against another person that involves penetration. Non-consensual, or “lack of consent” can involve physical force and threats of violence, among other forms of coercion and manipulation. If convicted for sexual assault, which is rape under Texas law, you face a first or second degree felony and serious penalties that go along with such a conviction.
Read more . . .


Friday, December 16, 2022

Rights of a Legal Father in Texas


In Texas, there are a few different ways a man can be designated as a the legal father of a child. First, he could be presumed to be the father as he is married to the mother of the child and the time the child is born. He could be adjudicated by the court to be the father by petitioning the court to establish paternity. Paternity could also be established through genetic screening. In some cases, the mother and father of the child could sign a document called an “Acknowledgement of Paternity.
Read more . . .


Monday, November 21, 2022

Texas Adoption Process


Have you considered adoption? It can be a daunting process, but it may just be the most rewarding thing you do in your life! To help you out on your journey, we want to give you a bird’s eye view of the Texas adoption process.

Texas Adoption Process

If you have decided to move forward with adoption, congratulations! This is a big step and you are about to embark on quite the journey. You join many other Texas families in the adoption community. Texas permits single and married adults to adopt so long as they are at least 21 years of age, financially stable, and:

  • Provide references
  • Provide proof of marriage, when applicable
  • Provide proof of divorce, when applicable
  • Complete a home study
  • Submit to a criminal background check and child abuse check (along with all other adults living in the household)
  • Complete an adoption application

After deciding to adopt, the next big decision will be what type of adoption you wish to pursue. While some have their hearts set on adopting an infant, others are open to adopting older children.
Read more . . .


Monday, November 21, 2022

Is Child Support Mandatory in Texas?


Child support can be a delicate subject, to say the least. While some people get distracted by sending payments to their former spouse or co-parent, it is important to remember that child support is put in place to help ensure that both parents are providing financial support to their child. After all, both parents have a legal responsibility to provide such support to a child that is their own. While child support is often ordered in situations where parents are not married or are no longer married, you may be wondering whether or not child support is mandatory in Texas.

Is Child Support Mandatory in Texas?

Child support is not mandatory to be ordered in all cases, but a child support order is often put in place in most cases.
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Monday, November 21, 2022

What Drug Crimes are Felonies in Texas?


Drug crimes are a serious business. Texas has cracked down on drugs and prosecutors will show little mercy to those facing drug charges. Not all drug charges will be considered felonies, but many are. Felonies are more serious offenses than those at the misdemeanor level. They come with harsher penalties and can cause problems well beyond the period of incarceration you may be ordered to serve or the fines you may be ordered to pay.
Read more . . .


Tuesday, October 11, 2022

Can You Relocate When There is a Custody Order in Place?


Have you been offered a new job? Do you want to move closer to family? There can be a million reasons why a person wants to move and it can be an exciting adventure. If there is a custody order in place, however, things can get complicated. The relocation of a parent can have a serious impact on a custody order.
Read more . . .


Tuesday, October 11, 2022

What Happens On Your First Texas DWI?


Texas means business when it comes to driving while intoxicated. The penalties are severe and the prosecutors will go after defendants with the full force and resources of the state. The consequences of being found guilty of driving while intoxicated (DWI) are serious, right from the start. This means that even if it is only your first DWI, you will be faced with some devastating fallout. Here, we’ll discuss what can happen upon conviction of your first Texas DWI.
Read more . . .


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Navarrete & Schwartz, P.C. is located in Midland, Texas and serves the surrounding cities and counties, including: Odessa in Ector County, Andrews County, Martin County, Howard County, Winkler County and Crane County.



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