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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12745
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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My husband and I were both served with EPOs after an aggravated

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My husband and I were both served with EPO's after an aggravated assault with a deadly weapon. How can we have this lifted in order to seek counseling and save our marriage. We live in Texas. Is this possible? Thank uou
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 10 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

I am sorry about this unfortunate situation.

Alex J. Esq. :

Is your husband charged with aggravated assault with a deadly weapon against you?

Customer: Yes
Customer: And I him. Both of us. It was a tragic isolated incident
Alex J. Esq. :

Unfortunately, under such circumstances the court would generally not lift an EPO until the criminal case is concluded!

Alex J. Esq. :

You are both charged with felony aggravated assault with a deadly weapon?

Customer: It's set for 91 days, but we want to seek marriage counseling
Alex J. Esq. :

Are you also criminally charged?

Customer: Yes, we are
Customer: Yes
Alex J. Esq. :

Unfortunately, the EPO will likely be renewed and will not be lifted until the case is concluded.

Alex J. Esq. :

Especially given the seriousness of this felony domestic violence charges.

Customer: We love eachother very much and would like to take the appropriate steps to save our marriage as soon as possible
Alex J. Esq. :

Unfortunately, if either one of you violate the EPO, it is likely that the court will revoke bond for both of you for violation this court ordered EPO and both of you would be ordered to be incarcerated until the case is concluded.

Customer: Renewed?? But we have children and a home and a life. This will never work for us.
Alex J. Esq. :

I understand, but unfortunately the law is clear on this issue and there are not many legal options, unless the charges against both of you are dismissed.

Alex J. Esq. :

I understand, but the court top priority is the safety of both of you.

Alex J. Esq. :

Were your children removed from your custody?

Customer: What can we do to have the case dismissed if that is the only answer to this situation
Customer: Yes they were, but I have an appointment in the morning to get them back. They are with my mother
Alex J. Esq. :

You would both have to hire experienced local criminal defense attorneys and have your attorneys represent you in your pending criminal case, as the charges against both of you are extremely serious and if convicted each one of you can face 2-20 years in prison and a fine of up to $10,000.

Alex J. Esq. :

I am not really sure is you understand the seriousness of this serious felony charge?

Alex J. Esq. :

Also, unfortunately, it is not an option for either you or your husband to drop this charges and the prosecutors are very aggressive when it comes to prosecuting domestic violence related charges, especially such serious charges.

Customer: This is a first time offense for us both. We have never been in trouble, ever. So we need to hire a lawyer and they can have the case dismissed? I just want to make sure I understand
Alex J. Esq. :

No.

Alex J. Esq. :

It is not that simple.

Alex J. Esq. :

You cannot hire the same lawyer.

Alex J. Esq. :

It would have to be different lawyer for each one of you.

Customer: We will hire different lawyers
Alex J. Esq. :

Also, hiring a lawyer doesn't mean that the charges would be dismissed.

Alex J. Esq. :

Your local criminal defense attorney will have to review your entire case and all the evidence and will advise you of the best way to proceed.

Alex J. Esq. :

Does this make sense?

Customer: No one was hurt
Alex J. Esq. :

I understand.

Alex J. Esq. :

But the charges are extremely serious, were there weapons involved??

Customer: Yes
Customer: I understand the seriousness, honestly. We only want this behind us a soon as possible
Alex J. Esq. :

Well, that alone can be sufficient for the prosecutors to seek conviction.

Alex J. Esq. :

Well, the first step would involve hiring an experienced local criminal defense attorney.

Customer: It says that the EPO does not prohibit us from counseling??
Alex J. Esq. :



You can find an experienced local criminal defense attorney by using this well trusted and reliable attorney information / referral websites:


www.martindale.com


www.lexmundi.com


www.lawyers.com


www.justia.com

Alex J. Esq. :

Joint counseling?

Customer: Yes, it says we would not need a modification for counseling
Alex J. Esq. :

Well, before you have any contact with your husband, even related to marriage counseling, it would be a good idea for you to consult with a local criminal defense attorney.

Alex J. Esq. :

What was the amount of bond that you had to post for your release?

Customer: Ok, thank you
Alex J. Esq. :

I am very sorry about this unfortunate difficult situation that you are in and I do wish you the best of luck!

Alex J. Esq. :

Do you have any related follow up questions?

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

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Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12745
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 8 other Criminal Law Specialists are ready to help you

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