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Victor Anthony Rivera

Victor Rivera’s Answers

71 total


  • Family member has been in jail for 11 days and has not gone to court and does not have a date set to go

    I have a Family member who was arrested in Denton county on 6-20-2015 because of a warranty he has in New Orleans. It's been 11 days and he has not gone to court. Back in 2013 he was arrested for the same thing a warrant in New Orleans except he ...

    Victor’s Answer

    If the warrant is out of New Orleans, he would not go in front of a judge here in Denton County as this county and Texas have nothing to do with the charges. Essentially, he would see a judge when he is first arrested to magistrate him of his rights, the charge, and the bond, if any. Then the jail contacts the jurisdiction that wanted him arrested and they have to come pick him up. Extradition is handled under Article 51.13 of the Code of Criminal Procedure, the Uniform Criminal Extradition Act. Per the Code, the extradition can take up to 30 days; however, an extension can be requested and granted holding him in jail for an additional 30 days. By hiring an attorney, you can attempt to have him released on a Writ of Habeas Corpus but there are not enough details here to tell you if that would be successful.

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  • Can child support order be modified if father has another child on the way?

    My husband received an amended IWO saying that he will now be responsible for medical insurance for his son. The mother has moved from state to state within the past year. We are due to have a baby in 3 months and our income will dramatically chan...

    Victor’s Answer

    The simple answer regarding the child support modification is yes, your husband can return to the Court or go through the Attorney General's office to have his child support modified to reflect his new child after the child is born. The percentage owed to his other children will go do but not by much. Nevertheless, it will be a reduction. As for the other parent bouncing around state to state, I would review the court order to see if there is a geographical restriction that requires her to remain in a certain area with the children. If there is such a restriction then your husband will need to file a Petition for Enforcement.

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  • How can I find a lawyer in Richardson area to help with enforcement of spousal Support (court ordered).

    Divorce final March 2012 in Grayson County (i was respondent) . Spousal ordered for $2500/month for 3 years. Ex spouse company owner (incorporated). No spousal paid to date. Arrears total $25,000. Tried Pro Se for enforcement( cost for divorce dep...

    Victor’s Answer

    If your finances are still an issue, you may want to contact Legal Aid to see if they can help you out. Otherwise, you can find many good attorneys here on AVVO or by checking the local Bar Association website. For instance, Grayson County's Bar Association website is located at http://www.graysonbar.org/. Most attorneys in the D/FW area are capable and willing to handle a case in Grayson County so you do not have to limit yourself to a Grayson County attorney. However, having local counsel tends to sit better with the judge and may help your case.

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  • Do previous child support orders stay in effect until the new order date?

    My ex took me to court in October to lower child support due to loss of income. The current orders have been in effect for three years and the new orders took effect December 1. In addition, the orders were entered into the Attorney Generals recor...

    Victor’s Answer

    It truly depends on the wording of the court order. If the new child support amount is not supposed to go into effect until December 1 then the AG's office is wrong. However, if the new rate is effective immediately and the order was entered before the November 15 withholding, then the AG is correct and the father has overpaid. This overpayment will remain on his account and will be settled up in the future.

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  • My ex-wife and I have been separated for the last 5 years, and the Police will not leave my family alone while looking for her.

    During the last 5 years, I have been contacted by the Police on numerous occasions, due to my ex-wife not paying a $360 ticket. The Police have come to every home I have moved to in order to find her, they have gone to my children's school to spea...

    Victor’s Answer

    I agree with Vicki. Are you separated or divorced? There is a difference. Texas does not recognize legal separation, you are either single or married. If you are in fact still married because you never filed for divorce, then the police can continue to look for her because she is married to you. The best thing you can do if you are still married is to file for divorce. Once divorced, you will have more of a leg to stand on when complaining to the authorities. Now, if you have been legally divorced then you can file a complaint with either Internal Affairs, if the department is big enough to have such a department, or you can file a complaint with the Chief of Police or the Sheriff, based upon which police agency is looking for her.

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  • I am looking to join the armed forces can i refuse to salute the flag because of religious beliefs

    II am Christian and According to my religion the flag is seen as an idol and the american flag is idol worship

    Victor’s Answer

    If you do not wish to salute the flag, then do not bother joining the military as you are required to pay respect to not only the flag but every officer you come across. Thus, if you cannot salute the flag because you believe you will be worshiping an idol, then your way of thinking would lead me to believe that you will not salute your commanding officers because that may be seen as idol worship as well. In all honesty, failure to salute as required would be considered an action unbecoming of a Soldier, Marine, Airman, and/or Seaman. Thus, you would have lots of issues within the military and would simply be wasting your time and taxpayer's money. I can guarantee you that you would be discharged from the military if such actions continued before basic training was finished. Choosing not to salute the flag is not like Daniel deciding that he was going to pray to God even though the King forbade it. Saluting is a prerequisite of joining the military and it is also a federal law. You may want to read the U.S. Flag Code found in Title 4 of the United States Code.

    Please note that I am former military (U.S. Army) and I too am a Christian. I know which Biblical passages you are referring to in regards to worshiping idols over God; however, in my opinion, you are stretching the meaning too far. Furthermore, there is nowhere in the Bible that states the flag is an idol. I believe you have added such a statement and/or meaning to the Bible, no matter what version of the Bible you read. Finally, when the Bible refers to worshiping other idols, it is referring to man choosing to believe that certain objects represent some sort of god that has superiority over our Creator, the one and only God. For instance, when the Israelites made the golden calf because they got tired of waiting for Moses to come down from the mountain, that was idol worship. The Israelites were praying to and worshiping this golden calf and such actions is a major no-no. When you salute the American flag, you are paying respect and honoring what it stands for but in no way are you worshiping the flag. Ask any current or former military members in any of the branches and you will see that no one believes that the U.S. flag is a symbol of another god or that we are worshiping the flag. There is only one God and it is not the flag.

    Since I am not here to change your mind or tell you whether you are right or wrong regarding your religious beliefs and understandings, all I can tell you is that you should not bother applying to the military if you cannot follow orders and one such order is saluting the flag.

    Always Out Front. Hooah!

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  • Do I have a right to visitation with my nephews?

    My Nephews belong to Childrens Protective Services. Both parrents gave up their rights to the children. The Maternal Grandmother is trying to adopt the boys but it is not final. I have been seeing the boys every other weekend for more than a ye...

    Victor’s Answer

    Until the adoption by the maternal grandmother is complete, you must abide by CPS' rules. Thus, if CPS indicates that your nephews cannot spend the night with you until after CPS performs their mandatory checks on you, your immediate family, and your residence, then that will remain the rule because CPS is the managing conservator. Officially, even though you may be related to the boys by blood, you legally do not have any right to visitation. So the best thing you can do is to cooperate with CPS and be patient. As long as the court order does not prevent you from visiting with the boys, you should be able to go to the maternal grandmother's house for visits but you do not want to cross CPS as they can and will make things harder for you in the long run.

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  • How can I get my children moved from sister's home to friend's home. CPS chose sister; she doesn't want them

    CPS took children after I went to police after being choked & abused by my husband. Restraining order against him, but 12 days later they placed children with my sister. I was trying to get them close & with a friend so they could go to counseling...

    Victor’s Answer

    First and foremost, I need to advise you that more than likely you will need an attorney. You should have been offered a court appointed attorney if you qualify for one. If not, you may need to hire one because CPS cases can get rather messy. Anything that I post here is speculative since I am not your attorney and I do not have the complete facts.

    First, if CPS has taken your children because your husband choked you, there should be no reason why the children are not in your care and custody unless they believe you are endangering the children too. If there is an Emergency Protective Order or regular Protective Order in place, preventing your husband from coming around the marital residence, you and/or the children, there isn't any reason why the children should not be with you. However, if there is no protective order and you are still residing with the abuser, this is good reason to believe that you will not protect the children and that is why they are not in your care right now. Thus, if the children have been removed from you, there is something more to this issue. Plus stating that you are attending the required classes and you are waiting for a family service plan indicates to me that you are at fault for something in CPS' eyes.

    Next, if your sister does not want the children to be with her, she needs to inform CPS. However, just because she does not want the children does not mean you get to name where the children stay. If CPS is involved and they filed court documents asking to be named Temporary Managing Conservators of the children and the court granted them that authority, CPS decides where the children will be during this ordeal. Thus, if your sister rejects the children, the children may end up going into foster placement unless CPS has a list of possible kinship placements. Any names given to CPS for kinship placement will go through a background check before being considered. Kinship placements and other important items are usually discussed in the first permanency plan conference that is held approximately one month after CPS removes the children.

    As far as not receiving a family service plan, I would contact the caseworker. She is your go-to person during this year-long ordeal. Yes, once CPS gets involved in a family's life, they will be there for the next year so be prepared. This is a marathon, not a sprint, so be prepared for lots of lag time in getting things from CPS.

    I hope this helps you out. If not, consider looking into hiring an attorney. I practice in Tarrant County if you would like to consider my firm.

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  • Changing Last Name

    My daughter WANTS to change her last name when she turns 18 which is Jan 2012 but I'll still be getting child support until she graduates in June 2012. Will she be able to do so?

    Victor’s Answer

    Yes she can but there are some guidelines that must be followed.

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  • I have been charged with a felony, injury to a child. What are the consequences?

    My son had an hairline fracture in his upper arm. My son, his father and paternal grandmother are saying that "I threw him forcefully down" to cause the break. His father and I (who have never been on good terms) are currently through a custody ba...

    Victor’s Answer

    Injury to a Child is governed by the Texas Penal Code section 22.04. The punishment range on this type of crime varies based upon the actual charging instrument. If they allege that you caused serious bodily injury to the child then it is considered a a first degree felony. However, if the mens rea (mental state) is reckless, then it is a second degree felony. I will explain mens rea in a moment. Now, if they charge you with just causing bodily injury, then it would be a third degree felony. However, if you are found to have been reckless in causing the bodily injury or the bodily injury occurred due to criminal negligence, then it is a state jail felony.

    Let me explain the punishment ranges first and then the mens rea. A first degree felony is punishable from 5 years in prison to 99 years or life in prison. A second degree felony is punishable from 2 years to 20 years in prison. A third degree felony ranges from 2 years to 20 years in prison. Finally, a state jail felony has a punishment range of 180 days to 2 years in the state jail. Each of these punishment ranges can also come with a fine of up to $10,000.

    Now, this particular crime accepts all four (4) types of mens rea (mental state). The four types of mental states are 1) intentionally, 2) knowingly, 3) recklessly, or 4) with criminal negligence. If a jury finds that the injury was committed intentionally, knowingly, or with criminal negligence, then there is one type of punishment. If the crime was committed recklessly, then the punishment reduces. Here is the best way to explain those four types of mental states. Intentionally means that there is an explicit and conscious desire to commit a dangerous or illegal act. Knowingly means that you knew your actions could produce certain results but ignored that fact and proceeded with your action. Criminal negligence means failing to meet a reasonable standard of behavior for the circumstances. For example, if a child is injured because his or her caretaker failed to perform her duties, she may be guilty of criminal negligence. Finally, reckless means making a decision to commit a certain action despite knowing about the associated risks. For example, if a person causes injury while driving drunk, he can be found guilty of recklessly causing harm. He did not intend to hurt anyone, and did not expect it to happen, but he knew he was taking the risk of hurting someone by driving while inebriated.

    Finally, regardless of whether the criminal charge holds up in the criminal courts, this charge can severely mess up a family law case, such as a Divorce or a Suit Affecting the Parent-Child Relationship. It does not matter that the father has never paid child support and that will have little effect in your current custody battle. What the court is going to be more concerned with is the safety of the child. Since your son is also alleging that you intentionally hurt him, you have an uphill battle to not only clear your name in the criminal courts but to keep any and all rights to your son in the family courts. If CPS is involved in this case, be prepared for a year long battle for keeping your rights. Your best bet is to get a very good attorney, you will need one for both the criminal case and the family case, and make sure that you seek a medical expert to show that the break in the arm could not have occurred as they allege.

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