Texas- Questions about my domestic violence case

[Germanamerican]

Hi everybody ,
And thank you for reading my post. I try to make it as short as possible.
Also please have mercy if I make some grammar mistakes (I am originally from Germany, and just since 3 years in the USA(legal ,of course).


My husband of almost 6 years, beat & choked me and my daughter (from a previous marriage).I had no choice and called 911 this time.He got arrested , stayed some time in jail , got out on bail.
I got an restraining order.He left us with no money (I was all the time a homemaker , but I am working now).The restraining order is over now (31 days) and I gonna file for a new one on monday (by advice from the victim unit).

So here is my question:

I still have his credit card information, my daughter is sick and I need to see a doctor (my paycheck will come not before the end of next week).

Would it be against the law if I use the credit card to pay my daughters medical bill?The person from the victim unit said , I can do that , but somehow I am uncertain .And I don't want to break any law.
The person from the victim unit said it is considerd as "community property ".
The credit card is on his name and it is not a joint bank account .
I really don't want to do anything against the law.
Oh and he also send me an email and said he will pick up his stuff. But he owns two guns and I am scared that he shoots us.


Thank you for any advice


(I live in Cedar Hill / Dallas county , if that is important).



Edit
Do I have to give him the guns?As far as I know he is not allowed to carry a gun anymore since he had now a felony.What should I do with the guns?I am moving out in about two weeks .
I don't want them but do I breake a law if I leave them in the apartment?

[txinvestigator1]

My husband of almost 6 years, beat & choked me and my daughter (from a previous marriage).I had no choice and called 911 this time.He got arrested , stayed some time in jail , got out on bail.
I got an restraining order.He left us with no money (I was all the time a homemaker , but I am working now).The restraining order is over now (31 days) and I gonna file for a new one on monday (by advice from the victim unit).

Do you have a restraining order, or an Protective Order? You need a protective order, as the police can enforce one but cannot enforce a restraining order.

So here is my question:

I still have his credit card information, my daughter is sick and I need to see a doctor (my paycheck will come not before the end of next week).

Would it be against the law if I use the credit card to pay my daughters medical bill? The person from the victim unit said , I can do that , but somehow I am uncertain .

They should not be giving you legal advice.

The person from the victim unit said it is considerd as "community property ".
The credit card is on his name and it is not a joint bank account .
I really don't want to do anything against the law.

Using his card without permission "may" be unlawful. I would seek the advice of my own attorney. You can see legal aid for a free or inexpensive one.

Oh and he also send me an email and said he will pick up his stuff. But he owns two guns and I am scared that he shoots us.


Thank you for any advice


(I live in Cedar Hill / Dallas county , if that is important).



Edit
Do I have to give him the guns?As far as I know he is not allowed to carry a gun anymore since he had now a felony.

If he has not been tried by a court and found guilty, then he does not have a felony. If you have a protective order it should prohibit him from possessing a firearm.

What should I do with the guns?I am moving out in about two weeks .

You need to contact an attorney.

I don't want them but do I breake a law if I leave them in the apartment?

Good grief, do not abandon them on the apartment.

[Germanamerican]

I got an "magistrate's order for emergency protection " that was good for 31 days,and on Monday I gonna get one that is good for two years (I have to go to court for that ).
He is not allowed to carry a gun ( his liscense was suspended ).
I asked our local police to take the guns , but they said, they are not allowed to do that.

When I said I leave them in the apartment , I didn't mean in an empty apartment. There will still be his things in it , I only take what is mine.

I really don't want to take the guns with me , because I don't have a license and I would also not know if I break a law if do that.Also one gun is in the safe where I don't have access to.

For the credit card , I will not touch it befor I talk to a lawyer or a court (as you advised ).


Thank you very , very much for taking the time to explain all that to me.


Oh , one more question.He is going to my (our ) mail box and open always my letters . Is he alllowed to do so ?I know in Germany he wouldn't be , but I don't understand the US-law.
I told him not to do that (via email) but he said it was "just a mistake"
I am scared that he will find out where I am going to move to , if he finds some information in one of the letters.

[Creeker]

As to the firearms, they may be the answer to your $ problem with a Dr.

I'd hock them if I was you. Don't sell them, just take them to a Pawn Shop and take out a loan against them that he can repay if he has a mind to. I'd do that with some other things of his if you needed to since, from what I understand Texas is a community property state. You were married, correct?

On the other hand, I am certain that there are free clinics in Texas.

**caveat that I am not in Texas and don't know Texas law**

[Curt581]

Take the guns you can access to a local police department. Bring a copy of the restraining order, both the original one and the new one if issued. They will take them into Property based on the Domestic Violence order.

I would not use the credit card until a lawyer tells you that you have the legal ability to do so. You should take your daughter to the doctor, or to a hospital emergency room if necessary. They will not turn her away based on your inability to pay immediately. They will treat her.

Require that he bring the police with him to pick up his personal effects, if he does so before you leave.

Talk to a family law attorney today. If you don't have money to pay one, call Legal Aid in your area.

[txinvestigator1]

He will be barred by the protective order from being within a certain distance of her. He will not be allowed to pick up property with her there.

[retdetsgt]

He will be barred by the protective order from being within a certain distance of her. He will not be allowed to pick up property with her there.

Bear in mind though, a protective order is only good if he chooses to obey it. And the police will always take some time to get there.

I'm just saying this so you don't depend on that too much.

[txinvestigator1]

Bear in mind though, a protective order is only good if he chooses to obey it. And the police will always take some time to get there.

I'm just saying this so you don't depend on that too much.

Absolutely Sarge. I hope she realizes that.

My point was that if he goes to the house to pick up clothes or whatever she will need to be gone during that time.

[retdetsgt]

Absolutely Sarge. I hope she realizes that.

My point was that if he goes to the house to pick up clothes or whatever she will need to be gone during that time.

Obviously, my remarks were directed at her, I was just using your quote to frame it. You're absolutely correct.

[TX-LEO]

Most of the time the protective order will also list the address of the person protected, so weather she is there or not would still technically be a violation on his part.

As was said on the guns, thats community property unless he had it before you got married, then there CAN be a claim on it by him but it's a civil matter. You can Take them to a pawn shop and they will give you a few hundred bucks for them if this doctor visit is immediately necessary. DO NOT leave firearms behind. You could be criminally prosecuted if the firearms were accessed by a child. You do not need a license to posses firearms in Texas at your residence, or in your vehicle providing they are not NFA ( Prohibited weapons such as machineguns ).

You can go to a hospital emergency room for basic treatment and not need to pay anything out of pocket. You do not need to see a doctor for a child with a cold. Buy some childrens cold medicine and the child will get over it. It's normal and the hospital would only give you the same over-the-counter medicine anyways unless it's something acute.


DO NOT use his credit card under any circumstances if it's not a joint account. Seek legal council, even if it's court appointed. We can not give you specific advice on the internet as we don't know your intricate details.