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I don't know what type of law this is but my stepdaughter…

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Hi, I don't know what...
Hi, I don't know what type of law this is but my stepdaughter just filed a really perjurous order asking that she be allowed peace officers to accompany her get into our house to obtain items abandoned 3 months ago at Christmas. She is 22 I have not denied her access at all, (in fact, she has canceled twice.) It says the current occupant denied her access or possesses a clear and present danger of family violence to me or my dependents. - Can you just accuse anyone of anything? I have all text conversations with her quite to the contrary of anything she signed on that order. Her claims for objects like a 7k life vest is a lie and provable. Everything is proveable really. In fact, she moved in over Xmas to rest up for a heart and liver transplant evaluation meeting. Do I go file a false order order? She's lied about everything.. she even says she supports 3 family members with 0 income so she doesn't have to pay a lawyer. Iit's crazy. What do I do? I absolutely have a clean record of nothing ever. I'm 60. What about my husband. He's on one page but not on the order itself. The whole thing is a mess. I was her stepmother for 14 years after her alcoholic mother died. She is troubled and in big trouble with the nasty people she is involved with. What can I do legally to nip this in the bud? I live in TX.
Submitted: 5 months ago.Category: Family Law
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Answered in 4 minutes by:
3/23/2018
Family Lawyer: Nisha Jones,
 replied 5 months ago
Nisha Jones
Category: Family Law
Satisfied Customers: 3,490
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

I'm sorry to hear about your situation.

Was this a request she made to the police? Or was a court order filed?

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Customer reply replied 5 months ago
court order filed
Family Lawyer: Nisha Jones,
 replied 5 months ago

Thanks for clarifying. What's the title on the court order?

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Family Lawyer: Nisha Jones,
 replied 5 months ago

Just wanted to make sure you received my prior message earlier:

Thanks for clarifying. What's the title on the court order?

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Customer reply replied 5 months ago
application for writ of retrieval of personal property under section 24A.002 TEXAS PROPERTY CODE, SORRY
Customer reply replied 5 months ago
I'M HER ENDURING POWER OF ATTORNEY FOR CRYING OUT LOUD
Family Lawyer: Nisha Jones,
 replied 5 months ago

Thanks for the additional information. Give me just few minutes to finish typing up some information for you, thanks!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

Thanks for your patience while I typed up my response!

Unfortunately there's not much that can be done about a writ of this nature.

You do have the opportunity to file a complaint within 10 days following her entry into the apartment.

This complaint is usually meant for issues that come up in regards ***** ***** that she may have removed from the residence that do not belong to her.

It is a bit unconventional but you could use that opportunity to let the judge know that allegations made of you denying her access to the apartment were outlandish and false.

You can consider hiring a local attorney to help you with this.

If you do decide to, you can contact the Texas State Bar and ask for a referral to civil lawyer in your area.

The phone number is:

***-***-****

I hope that helps!

Please let me know if you have any other questions about this. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 5 months ago
I've read somewhere that you could file something called a false claim order? no? Ok well, supposing she manages somehow to get the order. Unless he's an asshole she wont as I have texts to back up everything. but can I appeal it or how can I prevent it from happening or stall it as I do not want that order on me and.. and if it ended up being granted how does that show up when someone looks me up? what does it look like? Does it come up? I didn't grow up here so I don't get a sense of what these things are here . I am a very good person and i have never met any people as bad as this in my life except in business and in both cases, when you are a good person you don't see them coming until it's too late. So, if you could answer those three points I would appreciate it. THis is TX right? There has to be some way to get rid of this or not let it get ok'd . What would be the best way?
Family Lawyer: Nisha Jones,
 replied 5 months ago

Texas state laws do have a false claims act, but that is for a separate matter entirely, not related to this.

There are also penalties for filing a false police report, but this wouldn't fall under that category either.

The other option is usually a defamation lawsuit, but again that would not be applicable here as you are not suffering any monetary damages.

Your best option may be filing a response to the judge as I described earlier.

I hope that helps! Let me know if you still have any questions about this.

Don't forget to rate so I can be credited for my time and help with your question, thanks!

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Customer reply replied 5 months ago
well if you wouldn't mind the other two points were 1) how does this come up if it is granted and a person looks you up? I'm asking because this has to do with violence does it come up on a police data base?or where does it show up? ie Who would find this and what would they be looking for if they found it. and the other one is if it's granted is there a way to appeal it? ***** thanks
I know they aren't supposed to take it into evidence but he will read it and I know it will affect the out come because it's happened to my husband before.
I wrote the judge a letter and faxed it over telling him she has mental disabilities and that I've been trying to obtain help from various agencies because she's being manipulated . That our whole family is concerned and I called Domestic abuse hotline twice to ask about what to do . I asked for a meeting wth him prior to the date by the way. Also my husband is a public figure and I think that family shes with is going to call a reporter.
Family Lawyer: Nisha Jones,
 replied 5 months ago

A writ for retrieval of personal property under the Texas property code, isn't something that would show up on a background search.

I'm sure there is probably some context under which this could come up or be found, but I'm not really sure what relevant situation that would be.

A writ of this nature isn't generally something you need to worry about.

It won't show up on a background check, it won't affect future employment opportunities, it won't affect education opportunities, it doesn't affect credit scores, etc.

You mentioned domestic violence, and I am unsure of what other pending cases there are, or if your concern is this writ being brought up in a future criminal or civil case or something of the nature? ..Unfortunately the writ was granted and there's not much else that can be done at this point, you can still however file a complaint within 10 days after she moves her belonging out.

I hope that helps clarify things. Let me know if you still have any questions about this.

Don't forget to rate, thanks!

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Family Lawyer: Nisha Jones,
 replied 5 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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