The Wright Firm's Weblog

An Old Flame: Get Ready to Pounce!

We’ve all done it, or at least thought about it.  At some point in your life there has been a person for whom you waited on pins and needles until he/she was single again so you could pounce.  Well, now Facebook is ready to assist!

A new Facebook app allows users to track the relationship status of selected friends.  If a friend on your watch list changes his relationship status, you are sent an email notification.  It’s admittedly a bit stalker-ish, but techno bloggers expect the app to be “hugely popular”. 

Have you been waiting for your college or high school flame to get divorced?  As long as he or she is one of your Facebook friends, you can now be the first to know when it happens.  And of course, nothing is real until it is posted on Facebook…

Speaking of divorce, if you are interested in a divorce of your own (hey, maybe that old college flame is waiting for YOU), call The Wright Firm at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com.

This Site is a public resource for general information about The Wright Firm, L.L.P. and Texas Law.  Nothing in this Site should be construed by you as a source of legal advice. You should not rely or act upon the contents of this Site without seeking advice from your own attorney. Use and access to this Site or any materials or information provided on this Site does not create an attorney-client relationship between you and The Wright Firm, L.L.P. or any of its attorneys,  nor is this Site a substitute for legal advice. Any information submitted by you by The Wright Firm, L.L.P. or its attorneys via this Site, an email, or any form of social media communication will not be considered an attorney-client communication or otherwise be treated as confidential or privileged in the absence of an executed Engagement Agreement between you and The Wright Firm, L.L.P. or its attorneys.

 

The Grammys, Rihanna, and Texas Protective Orders!

In 2009, Chris Brown admitted that he had assaulted Rihanna following a pre-Grammy Awards party.  Presently, there is a restraining order that stops him from contacting Rihanna.  So how could Chris Brown attend the Grammys?  According to Billboard Magazine, the court order, which prevents Brown from coming closer than 50 yards to Rihanna, allows for an exception when both singers are required to attend a music industry event.   At the Grammys, the rules are relaxed and Brown must instead come no closer than ten yards from Rihanna.  Digitalspy.com/Rihanna Article. 

Both stars are nominated for awards, but a 2009 court order remains in place for the singers to steer clear of each other, and Brown is not expected to attend Sunday's awards show, reports AP.  There are questions about whether Rihanna, who has been reported to be battling the flu, will attend. USA Today. 

This case highlights the need for restraining orders and protective orders in dating violence cases.  In Texas, a protective order can be granted where family violence has occurred and is likely to occur in the future. An adult in a dating relationship may file an application for a protective order. Further, any adult may apply for a protective order for the benefit of a child, including a child who is a victim of dating violence. If the protective order is granted, the order can require that a party who committed the violence to do certain acts that the court deems necessary or appropriate to prevent or reduce the likelihood of family violence.   Any party who has a Protective Order granted against them may be required to take a battering-intervention-and-prevention program, may be prohibited from communicating with the protected party or a member of their household in a threatening manner, prohibits the offending party from going to or near the person or the person’s residence, and will suspend the person license to carry a concealed handgun or even possessing a firearm or ammunition.  In cases in Texas where a judge believes that the protective order standard may be too high or not be able to be met, the court could place an injunction in place that provides many of the same remedies as the Texas Protective Order. 

 

If you find yourself in a situation where you are a victim of family or dating violence and want more information contact the National Domestic Violence Hotline. National Domestic Violence Hotline.  If you are in Texas and want more information about Protective Orders, contact The Wright Firm, L.L.P. at 972-353-4600 or visit our website at www.thewrightlawyers.com. Attorneys at The Wright Firm, L.L.P. are only licensed to practice law in The State of Texas.  This post does not create an attorney-client relationship.  The facts of each case vary and the laws are different in each state so be sure to check with an attorney in your jurisdiction.    This post is meant as general information and not legal advice. 

 

 

What’s Eating You?

At the end of January, the USDA released a new set of dietary recommendations for Americans. Of course eating right is good for you, but did you know it could be good for your child custody case? When a Judge is making a determination of what is in your children’s best interest, the judge will look at ALL aspects of your parenting skills including – you guessed it – what you feed your kids. Most family law attorneys have heard either their own client or an opposing party on the witness stand crying, “All she ever feeds them is French fries!” Even outside of the courtroom itself, the food you feed your children can impact your custody case. In many cases a professional will be appointed by the judge to interview each parent and the children and to visit with each parent and children together in that parent’s home. One of the questions the kids get asked is, “What do you eat when you’re with mommy/daddy?” So, check out those new USDA guidelines and give yourself and edge! The full report can be found at http://www.cnpp.usda.gov/dietaryguidelines.htm. The Parents® magazine “short version” can be found at http://www.parents.com. If you need assistance with your child custody case, give The Wright Firm a call at (972) 353-4600 or check us out on the web at www.thewrightlawyers.com!

Five Things That Can Go Wrong At The Super Bowl!

1. You think that carrying drugs will not get you in trouble until the bomb sniffing dog singles you out. Drug possession is a serious criminal charge in Texas carrying a wide range of punishments from probation to lengthy prison sentences, depending on the amount of the drug. If you find yourself in this type of situation call an experienced criminal attorney for advice.
2. Injury at a strip club. Much talk has been made regarding the stripper shortage the DFW is facing on Super Bowl weekend. Dallas-area strip clubs, expecting an increase in patrons, are scrambling for exotic dancers to meet the expected demand. The wide media coverage this issue has received has the potential to lead to problems. For example it can lead to couples getting a divorce because the wife signed up to be a stripper or the husband was one of the many expected patrons. Additionally, with so many individuals at strip clubs or bars injury is likely to occur, whether it be drinking and driving, slipping on a wet floor or getting an eye injury. We have all heard of the Florida man who won $650,000 in a settlement for injuries he suffered during a lap dance.  Fergie has a wardrobe malfunction during the half time show. We all remember Janet Jackson’s 2004 Super Bowl half-time show incident. This incident resulted in a record $550,000 fine imposed by the FCC against CBS. This year The Black Eyed Peas will be performing during the half time show. While it is very unlikely that there will be another “accidental wardrobe malfunction” during the half time show, individuals may have their own “wardrobe malfunction” in a public place.  If you have your own public wardrobe malfunction and get charged with indecent exposure or public lewdness call an experienced attorney for advice.Post-game celebration turns into a riot. Fans can either let their happiness or disappointment be known to the world via criminal property damage. Super Bowl rioters have overturned cars, uprooted street signs, and started fires among other things. Regardless of who wins the big game if you are charged with participating in a riot or similar activities call an experienced attorney for advice. Fox Network is blacked out during the game. Imagine you are hosting a Super Bowl Party and just as the game is scheduled to start you realize the channel is not working. You end up missing most of the game and your party is ruined. Can the cable or satellite provider be held liable? This past October a class action was filed against New York based Cablevision. The suit was primarily a response to the blacked out World Series games to Cablevision subscribers. If you face a situation such as this one call an experienced attorney for advice.

 

For more information contact The Wright Firm, LLP at 972-353-4600 (phones answered 24 hours a day) or visit our website at www.thewrightlawyers.com.

Reading this post does not create an attorney-client relationship.  Laws very by state and you should always consult with an attorney regarding the specific facts of your case.  This article is meant to provide general information and to entertain and should not be construed as legal advice. 

 

Big Screen Televisions, The Super Bowl Party, and Nachos!

Since The Wright Firm, LLP is a Metroplex based Texas law firm, we have the great fortune of having a front row seat to all that Super Bowl XLV has to offer, from the NFL Experience to the amazing light and graphic displays in both Dallas and Ft. Worth and then of course watching both The Green Bay Packers and Steelers traverse the North Texas ice to attend Media Day this morning.

Since our board certified family law partner, Patrick Wright normally hosts the family Super Bowl party, and thus gives us the front row seat to the Big Game, it made me wonder this morning what law could he be violating in the process and that lead to a January 31, 2010 article written by Nate Anderson regarding big-screen televisions and copyright law.  See http://arstechnica.com/tech-policy/news/2010/01/will-your-big-screen-super-bowl-party-violate-copyright-law.ars.  It’s an interesting comment on how the NFL protects its intellectual property rights, particularly it’s trademarks and well worth the read.

The take away for me (Paul Wright, Partner) and that I find somewhat upsetting is the fact that  although he has not charged friends and family in the past, “apparently” Patrick can ask friends and family to cover the cost of food and drink of the Big Event and it does not violate Title 17 of the US Code. The lawyer in me likes the word “apparently” in this instance.  Who knows what he would charge for nachos!

If you have questions on Texas law, give The Wright Firm, L.L.P. at call at 972-353-4600 or visit our web site at www.thewrightlawyers.com. 

 

 

Social Media in a Texas Divorce

Your Texas divorce attorney does not “Like” your Facebook profile.   Why? Because anything you post, tweet or tag may be used against you.

It may be tempting while you are going through a divorce or other legal matter to vent your frustrations via social media, but this can be a trap for the unwary.  Even if you “un-friend” the spouse you are divorcing, and set your security preferences to the max, a friend of a friend may share that status or picture you posted.  A screen capture can be worth a thousand words.

If you are reading this thinking “that won’t happen to me” – that’s what one of our opposing parties thought.  Boy was she surprised when her deposition came around and we presented her with a STACK of printouts of photos and wall posts with every innuendo-laden comment between her and her male “friend” highlighted. 

So, take the profile down.  Stop tweeting or posting items to your Facebook page.  It will only be temporary.  As soon as the ink dries on your final order, you can re-friend everyone.  However, even then – be smart about what you post.  If you wouldn’t want your mom/boss/judge/other-authority-figure-whom-you-respect to see it, don’t post it.

If you have questions about divorce in Texas, contact The Wright Firm, L.L.P. at 972-353-4600 or visit us on the web at www.thewrightlawyers.com.

Point of Law: Common Law Marriage in Texas

 
In Texas, an informal or "common-law"  marriage is a marriage between a man and woman who agree to be married, live together as husband and wife, and hold themselves out to others as husband and wife, but who have not obtained a marriage license and participated in a marriage ceremony.  

To enter into an informal marriage, a party must establish that he or she has met the statutory requirements and has the capacity to enter the marriage.  If you have questions about common law marriage, contact The Wright Firm, L.L.P. at 972-353-4600 and via the web at www.thewrightlawyers.com     

 

Point of Law: Texas Divorce Waiting Period

The Court may not grant a divorce in Texas before the 60th day after the date the suit was filed.  The waiting period is not required before a court may grant an annulment or declare a marriage void.  

A waiting period is not required if the court finds that: 

The opposing spouse has been finally convicted of or received deferred adjudication for an offense involving family violence against their spouse or a member of the spouse's household; or their is an active protective order against the other spouse because of family violence committed during the marriage.

The 60-waiting period is required based on the rationale that the parties ought not rush into divorce when there might still be a genuine prospect for reconciliation.  

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions about the Texas divorce waiting period, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

Point of Law: Duty to Report Family Violence in Texas

Did you know that there is no mandatory duty on the public to report family violence unless the violence is inflicted on a child.  The State of Texas encourages any individual who witnesses family violence to report the family violence to a local law-enforcement agency.  If medical professionals included doctors, nurses, and emergency medical technicians treat a person for injuries that they believe were caused by family violence, they are required to advise the person of the nearest family violence shelter, document the file regarding the potential family violence, and give the person notice about the legal implications of family violence.

This point of law has been brought to you by The Wright Firm, L.L.P.  If you have questions, contact our office at 972-353-4600 or reach us by the web at www.thewrightlawyers.com.

 

 

What is a Managing Conservator in Texas?

A “managing conservator” in a divorce or family law context is generally given every one of the rights, privileges, duties and powers associated with a parent, to the exclusion of all other people, including the other parent, other than as otherwise ordered from the court. In a nutshell, the managing conservator is the primary custodian of the children, and (1) has the right to make most of the major decisions governing the children’s lives, (2) has got the primary physical possession of the children (custody) and (3) has the right to receive child support on behalf of the children. There are two kinds of managing conservators, “sole managing conservatorship” and “joint managing conservatorship”.