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Category: Family Law
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Six weeks ago, I went before a Night Magistrate (NM) following

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Six weeks ago, I went before a Night Magistrate (NM) following a family disturbance at our home. The NM rejected "spousal assault" based on a lack of evidence but said that if more information surfaced, a warrant for my arrest could be issued. I was released and the guard who released me said I should call the DA's office in 2 weeks to see if a warrant was issued. When I called 2 weeks later, I was asked for a SID number. There was no paperwork on me with a SID number and they could not find me in the system. I am renewing my nursing license tonight and I am being asked if "Have you, within the past 24 months or since your last renewal, for any criminal offense, including those pending appeal: been convicted of a misdemeanor? felony? received deferred adjudication?
been placed on . . .probation, been sentenced to serve jail or prison . . been arrested or have any pending criminal charges? been cited or charged with any violation of the law? How should I respond? Thank you.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney and registered nurse (both in Texas). I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I am sorry for your circumstances, and I hope that everything gets resolved appropriately for you in this matter.
  2. I am a terrible procrastinator, so if you are up against an end of the month deadline to renew I can definitely sympathize with you! I am quite familiar with the Board of Nurse Examiners and Texas law on this topic. Answer "No". Based on what you have related here, an allegation was made against you by a member of your household. That in no way amounts to an arrest or a charge. At this moment in time you lack the requisite knowledge that you do, in fact, meet any of the conditions about which the renewal application inquires.
  3. I would be glad to interact with you further on this topic even after you click "accept" to process my answer. I will be signing off for the night soon, but I will be sure to check back for any updated posts from you when I return to this online forum again tomorrow.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.


The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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Customer: replied 8 years ago.

Dear Mr. Burt,

Thank you for your expedient response. I am grateful that my question was directed to you since you are both an attorney and a registered nurse (from the State of Texas, no less)! Also, I appreciate your empathic response regarding my family situation and my 13th-hour renewal!


Since I only had minutes to decide "yes" or "no" before submitting my renewal, I reviewed my ethical agreement with my place of business and I recalled reviewing the BNE's statement regarding reporting requirements from a search completed weeks ago. Based on my understanding of both positions, I decided to select "no". Had your response suggested otherwise, I would have notified the Board today that I need to reconsider my response.


Your comments are comforting to me. I appreciate your response and I feel blessed to have located your services after having done such a brief online search for legal direction.

Hello again,


You are quite welcome. It was my pleasure to have been of some help.


Please allow me to say a big "Thank You" for your most kind words. I greatly appreciate your cordialness, and I was happy to assist a fellow nurse. Chalk it up to your need to renew, my insomnia (and perhaps divine intervention) bringing us together at just the right time. Plus, we nurses have to stick together :-)


I hope I did not come across as overly succinct, but I could sense time was of the essence. I knew the appropriate response with confidence, and believe me I have been in your exact spot looking at the clock (and more than once, I hate to admit!).


On a serious note, please let me just say that I do hope things looks brighter in terms of your family situation. I have absolutely had my own share of "personal drama", so I do not mean to be flippant or offer any platitudes. However, I do send my best wishes and will just say hang in the old adage goes, "This too shall pass!"


Take care and thanks again for using JustAnswer®

Customer: replied 8 years ago.

Dear Mr. Burt,

Thank you for your kind response. I was not expecting a second message but I will tell you that it is most welcome.


Please excuse my delay in responding. I had started my first response late Friday afternoon but I stopped to finish cooking supper. When I finally sat down to complete it, it had been inadvertantly closed and I decided to retire and complete it the next day. Well, here I am, two days later and I am just getting around to it! Sort of reminds me of a similar event which transpired last Thursday with the BNE, don't you think?


Anyway, I agree with your view of the bond we nurses share. When my nephews were in college and considering career options, my brother-in-law advised them to envision the delivery of their profession's latest trade journal. He said that if they couldn't wait to read it cover to cover, chances are they had made a wise career decision. I added that they may want to also envision themselves sharing a meal with colleagues. Would they look forward to it and enjoy the time shared? I feel that way about nurses. I just love the nursing community and all of us who make up the motley crew!


Mr. Burt, I did not view your response as being overly succinct. Rather, I found it to be straightforward and informative; both of which were welcomed in my semi-panicked state. I had awakened not knowing if I had answered the Board's questions accurately and your response was, as previously stated, most comforting. Fortyfive dollars was so little to pay for the solace your words provided.


And, most of all, I appreciate your words of encouragement regarding my family problems. Almost daily I ask God to help me be a better wife and mother. I see the events of that fateful evening as a call to action. We are now actively working on communication, personal growth and parenting skills in ways I believe will help us all. Please keep up in your prayers. I will pray that God will continue to bless you with the wisdom to direct those who seek your counsel.

Enjoy your evening and I hope you have a restful sleep!


Donna Canales

Hi Donna,


Even my father didn't go by "Mister". Just teasing...seriously, as one of my fellow nursing colleagues I am Ben to you. Are you saying that working those lovely, briefs shifts, caring for family, and dealing with recent events came before composing an e-mail to me? Again, just my lame attempt at humor. I was pleasantly surprised to find that you had even a moment to write back in light of your "leisurely" schedule!


It is abundantly clear that you truly have a nurse's heart, and I am touched by your kindness and appreciate for my small measure of assistance. I derive great satisfaction from being of service, which probably explains why I am miles away from being one of those fabulously lawyers one hears about in the media.


You know, reading your comments brought to mind some words of wisdom shared with me a few years back when things appeared to be very dark. These words are, simply, "If God brings you to it, He will bring you through it." I know that no simple platitude will solve a complicated family situation. So, I offer that just on a personal note as something that has helped me on many occasions.


I genuinely appreciate you including me in your prayers, as I am in much need of wisdom and guidance on a daily basis. I send the same prayers right back to you and your family, along with my very best wishes.


Take care and thanks again for using JustAnswer®