Texas Divorce Law - The Law Firm of Andrea M. Kolski

Fighting Against False Allegations of Abuse

The Law Firm of Andrea M. Kolski — Mon, 30 Mar 2026 18:14:22 GMT

False allegations of abuse are a growing problem in Texas criminal courts. When an innocent person gets falsely accused of a crime, they must do the seemingly impossible by proving something didn’t happen. Proving a negative in life is a challenge but especially when your freedom and your future are on the line. Whenever false allegations of abuse are made, the justice system is quick to protect alleged victims but slow to exonerate the wrongly accused. This imbalance in the law allows dishonest accusers to game the justice system to their advantage while the wrongly accused has their life turned upside down. Having an experienced defense attorney is critical for anyone facing false allegations of abuse.

According to a study by the Domestic Abuse and Violence International Alliance, approximately 20.6 million Americans have been falsely accused of abuse. Approximately 11% were men and 6% were women. Those are sobering numbers in a justice system that’s assumed to be impartial and fair. We only have these stats from cases where the falsely accused were able to prove their innocence. The actual number is likely far greater when we add the number of innocent defendants who, for whatever reason, failed to properly defend themselves.

False allegations of abuse can happen to almost anyone. Knowing what to do and where to turn for help can empower you and help you avoid being convicted of a crime you didn’t commit. Of course, having an experienced defense attorney fighting for you is critical to protecting your freedom. In the meantime, let’s learn more about false allegations of abuse in Texas.

When False Allegations Happen

A false allegation of abuse can arise in almost any family, relationship, or interaction between individuals in close proximity to each other.

False accusations of abuse often stem from malicious intent. For example, a bitter ex may lie to gain an advantage in a contentious divorce or child custody dispute. In these instances, false accusations of abuse wreak havoc on an already overburdened family court system that must take the charges seriously. This forces courts and the state to reallocate valuable resources to protect accusers and anyone else perceived to be at risk. Millions of our hard-earned tax dollars are wasted as social workers, counselors, judges, and investigators are obligated to “protect” non-victims until the truth can be revealed.

Beyond divorce and custody disputes, false allegations of abuse can also come from misunderstandings in other relationships or mistaken identity. Context is key to getting to the truth in many situations that an outsider may interpret as abusive.

Texas Bail Reform Law Loophole

Texas Proposition 3 is a new Texas bail reform law that includes a dangerous loophole impacting those falsely accused of abuse, especially where allegations of domestic violence or abuse are involved. According to Texas Proposition 3 passed in November, 2025:

Judges must deny bail for specific violent felonies if the accused is found to be a threat to the victim or public safety.
The law applies to crimes such as aggravated assault causing serious bodily injury or involving a weapon, murder, kidnapping, and sexual assault, many of which are often linked to domestic violence.

The Texas bail reform law was lawmakers response to public outcry against dangerous criminals who could post bail and be back out on the street within hours or days. It was a legitimate concern that Texas lawmakers were attempting to address.

Unfortunately, the broad language of the Texas Proposition 3 provided a loophole that is now impacting innocent, law abiding people in contentious divorce or child custody cases. Wrongly accused individuals, in a contentious divorce for example, can be arrested and held in jail indefinitely without bail.

Thanks to the new Texas bail reform, a parent going through a contentious divorce could find themselves behind bars for days, weeks, or months based on a false accusation. Sitting behind bars for a few days can be devastating- missing days of work will likely lead to termination of employment, loss of income, lost family time, property and vehicles unattended, bills stacking up, appointments missed, and the negative social stigma of a lengthy stint in jail. For most people, this would be disastrous.

Texas bail reform law has unintentionally escalated the consequences of false allegations of abuse for the accused. Unfortunately, Texas Proposition 3 has opened the door for innocent, law abiding people to have their lives completely destroyed by another person’s lie.

Defending Against False Accusations

If you find yourself falsely accused of abuse, it’s important to keep a level head. Don’t let your emotions get the best of you or react in any way that could be used against you later. Stay calm and talk to an reputable defense attorney as soon as possible. An experienced defense attorney can provide you with insight, guidance, and ways to protect yourself. Most attorneys will start by examining any documentation or evidence to support your side of the story. This evidence may include:

Text messages
Emails
Phone records
Witness statements
Expert testimony
Videos

Timestamped records of all of these elements can also be used to construct a timeline of events and give more context to your personal situation. It’s important to save or store all evidence and documentation in a safe place where you maintain access and they can’t be altered by anyone else.

Next Steps To Take When Falsely Accused

As stated before, it’s important to remain calm when you’ve been falsely accused. It’s easy to become overwhelmed with emotion, and understandable, but remaining calm can play a key role in maintaining your innocence.

What ever you do, DO NOT confront your accuser. This will likely make things worse and any angry interactions or messages could be used against you later.

The legal consequences for domestic abuse and domestic violence in Texas are severe. This isn’t a simple speeding ticket or parking violation- these are serious criminal charges and should be taken lightly. To protect yourself, talk to a criminal defense attorney who specializes in domestic abuse and domestic violence defense. They can evaluate your situation and advise you on what to do next. Many people find that talking to an experienced defense attorney can help provide peace of mind when emotions run high.

Choose a lawyer who’s experienced in the specific legal issue you’re facing. This is an issue the general public seems to understand. According to a survey by law firm marketing agency Attorney Sluice, approximately 82% of respondents ranked specialization as the most or second most important factor in their decision.

Specialization is essential because the law is so broad that it’s impossible to be an expert on all of it. It’s more important to find an expert in your case. If you’re facing a false allegation of aggravated assault, look for an aggravated assault attorney.

Part of a lawyer’s job is protecting your rights, so wait until you have one to move on with the case. Don’t speak to law enforcement or sign any documents they give you. This can help ensure you aren’t coerced into a testimony or signing a document that makes you look guilty.

Finding the right lawyer is also a key part of evidence documentation. They can help gather and store evidence.

Beating The Odds and Proving Your Innocence

Defending against false allegations of abuse can seem like an impossible task against overwhelming odds. Texas jails and prisons are filled with people who were wrongly accused of a crime. Texas courts are among the toughest in the nation with a 90%+ conviction rate. While the odds may seem stacked against you and the laws may appear to be helping your accuser, it’s important to remember that you still have rights and the right to defend yourself.

There is no one strategy to prove innocence against false allegations of abuse. It often requires a strategic combination of evidence, context, and exposing the motives behind the false accusation. Unfortunately, going it alone and simply stating your innocence is rarely enough to convince a court in Texas. This is where an experienced defense attorney who specializes in defending against false allegations of abuse can make all the difference.

A skilled defense attorney will work closely with you to decide on the best strategy to defend against false claims. Depending on your situation, there are many potential defenses that can help prove your innocence such as:

The alibi defense, which involves proving that you weren’t at the crime scene. Mistaken identity involves proving that you aren’t who the defendant thought you were.

Questioning the motives of the accuser and intent behind the allegations. If your lawyer can prove that the allegation was made with malicious intent, that can undermine the accusers case against you.

Scrutinize evidence. A lack of credible evidence defense can also undermine the case against you. Skilled defense attorneys carefully examine any evidence and may raise objections if any evidence appears fabricated or altered by the accuser. For example, text strings that have missing or deleted responses that could incriminate the accuser.

Your defense attorney may use other strategies to expose weaknesses in the other side’s case. Are there any inconsistencies in their story? Are there any witnesses? Are these witnesses credible? Do they have a motivation to lie, something to gain from your conviction, or a pattern of making false allegations?

Proving your innocence against false allegations is an uphill battle but not an impossible one with the right lawyer by your side.

Righting a Wrong: Going After Your Accuser In Court

After a long battle, you’ve fought back and proven your innocence. Now what? What about the person who wrongly accused you? Is there any way to get justice? Yes, there is. False accusations are illegal in Texas. Anyone who falsely accuses you of a criminal act can face serious criminal and potential civil penalties. Here are some examples of Texas laws pertaining to false accusations of abuse and the penalties involved:

Making a False Report to Police: Filing a false report of domestic violence or other crimes is a Class B misdemeanor, punishable by up to 180 days in jail and/or a $2,000 fine.
False Reporting of Child Abuse: Knowingly making a false report of child abuse is generally a Class A misdemeanor, but it can escalate to a state jail felony (180 days to 2 years in state jail) or a third-degree felony if the accuser has prior convictions or knew the report was false.
Perjury and Aggravated Perjury: Lying under oath during legal proceedings (e.g., protective order hearings or divorce) is perjury (Class A misdemeanor). If the lie is material to the case, it becomes aggravated perjury, a third-degree felony punishable by 2 to 10 years in prison

Beyond the criminal charges for false accusations, you may have a civil case against your accuser as well. In divorce or custody cases, if false allegations are made during a divorce or custody battle, it can result in the accuser losing custody rights or face penalties for ruining the reputation of the other parent. In addition, you may be entitled to financial compensation and your accuser can face additional financial penalties issued by the state.

You may have a case if the false accusations led to:

Malicious prosecution
Defamation
Intentional infliction of emotional distress
False imprisonment

This isn’t the only way that false accusers can face penalties. While it’s rare, they can even face criminal charges. They may go to jail for:

Filing a false police report
Perjury
Interfering with justice by actions such as tampering with evidence or coercing witnesses

Taking action against a wrongful accuser is more than simply righting a wrong. Punishing those who abuse our justice system with false accusations is an effective way to prevent judicial abuse by others.

Filing charges against a wrongful accuser can also be an effective way to reclaim your reputation, mental health, and lessen the financial impact of proving your innocence. Going after your accuser makes it clear you won’t be a target again and a message to others to think twice before making false accusations.

Frequently Asked Questions

What Type of Evidence Can’t Be Used in Court?

During your evidence documentation, a good defense attorney will immediately identify anything that can’t be used in court.

Hearsay, for example, involves a witness testifying about what another person said or wrote outside of court. Your attorney may prove a testimony is hearsay and object to it’s use in your case.

Determining if any evidence was obtained unlawfully. Your lawyer can examine any warrants or other documents to confirm if any evidence is admissible in court. For example, any evidence from illegal searches or privileged communications between doctors and patients could be thrown out if proven to be inadmissible.

Separating opinion from fact. Everyone has feelings and opinions but a good lawyer will separate these from facts of a case. Through careful examination of statements and claims, your lawyer can insure that the court focuses on facts rather than irrelevant opinions.

Prejudicial and confusing evidence may also be inadmissible. It refers to anything that could unfairly influence a jury’s opinion or confuse them to the point where they’ll have difficulty making a decision.

Montgomery’s Trusted Team To Fight False Allegations

A false allegation is a legal nightmare, but there is a light at the end of the tunnel. Stay calm, gather evidence, and get a lawyer who specializes in the type of allegation you’re facing.

Montgomery defense attorney Andrea Kolski has dedicated over 25 years to fighting for the accused in the toughest Texas courts. As a former Harris county prosecutor and former president of the Montgomery County Criminal Defense Lawyers Association, Andrea has earned a reputation as a skilled litigator and courtroom fighter. Andrea and her team at Nonstopjustice PLLC are dedicated to protecting your rights, your family, and your future. Our track record of success in defending against accusations of domestic violence or domestic abuse is unmatched.

If you’ve been falsely accused of a crime or abuse, don’t despair. For over 25 years, we’ve helped countless people just like you overcome false accusations while protecting your rights, your family, and your future.

Texas Bail Reform and Pretrial Detention: What’s at Stake?

The Law Firm of Andrea M. Kolski — Tue, 13 Jan 2026 14:49:07 GMT

Texas bail reform has made it easier to keep people in jail before trial, even if they haven’t been convicted of a crime. New constitutional amendments and laws now require judges to deny bail in certain cases, reshaping the rules around pretrial detention in Texas.

Someone can lose their job, their home, or even custody of their children…all before stepping foot in a courtroom. The legal consequences are massive, but so are the personal ones. One false accusation, especially in a messy divorce or custody fight, could destroy someone’s life before they even get a chance to defend themselves.

What Did Texas Change With Proposition 3?

Texas voters approved Proposition 3 in November 2023, giving judges more authority to deny bail in serious criminal cases. This legal reform in Texas applies to violent or sexual felony charges like aggravated assault, murder, kidnapping, and crimes involving children or trafficking.

Now, if prosecutors provide enough evidence that a person is a flight risk or a danger to others, judges must hold them in jail without bond. This applies even before a trial begins and even if the accused has no prior convictions.

Supporters say the changes strengthen the Texas bail system by keeping dangerous people off the streets. Yet the actual result is a sharp shift toward pretrial detention as the default for serious charges. Judges are limited in how much discretion they have, and that could create long-term issues for fairness and access to justice.

Who Is Most Affected by the New Bail Laws?

These new rules often hurt people who lack the money or resources to fight back. A wealthy person accused of the same crime might walk free while someone without savings stays locked up.

People most affected tend to be:

Defendants facing felony charges for the first time
Working-class individuals with little or no access to bail funds
Black and Latino defendants, who are jailed at higher rates than white defendants

In other words, the bail reform impacts go far beyond the courtroom. They shape the lives of families, communities, and people who may later be found innocent.

How Could These Changes Be Abused in Family Law Disputes?

Family court battles are already tense. Now, with the expanded power to deny bail, there’s an added layer of risk for anyone caught in a bitter divorce or custody fight.

A parent going through a nasty breakup could be falsely accused of assault or abuse. Under these new laws, that alone might be enough to put them in jail for weeks (or longer) without a chance to post bail. The damage begins right away.

Pretrial detention affects your job, your ability to co-parent, and your personal reputation. Judges in family court might see an arrest and make custody decisions before the truth is known. It only takes one accusation to derail your entire life.

The Law Firm of Andrea M. Kolski has a highly respected network of private investigators and forensic experts at the ready for clients facing false accusations. These expert resources allow us to uncover the facts quickly and aggressively push back when false claims arise.

Public Safety vs. Mass Incarceration: Are We Solving the Right Problem?

Supporters of Proposition 3 say it gives courts the tools to stop repeat violent offenders. They argue that tougher bail rules help prevent high-profile crimes committed by people already out on bond.

Still, the numbers raise questions. According to the ACLU of Texas, more than 70% of people in Texas jails are awaiting trial, not serving a sentence. Many of them were held for minor charges and couldn’t afford bail.

What About Due Process And The Right To Bail?

The Texas Constitution still says most people have the right to bail. That right now includes more exceptions and more hurdles.

Judges are required to weigh public safety more heavily than before. Defense attorneys face a much higher burden to secure release, even in borderline cases. And prosecutors can appeal if a judge grants bail when they believe detention is more appropriate.

These justice system changes might seem procedural, but they often carry lasting effects. A few extra days in jail can mean job loss, eviction, or worse. People who can’t afford to pay are punished more harshly than those who can.

Procedural protections exist on paper. For instance:

Right to counsel at key detention hearings
Rules requiring courts to consider less restrictive alternatives
Higher standards of proof for denying bail

Still, these don’t always work in real life, especially in rural counties with limited resources.

Frequently Asked Questions

Does Proposition 3 Eliminate Bail for Everyone Accused of Serious Crimes?

No. Judges still have to follow legal standards, but the law gives them more power to deny bail if prosecutors show risk. The rules are stricter and affect more charges than before.

Can a False Accusation Really Lead to Someone Being Held Without Bail?

Yes. If the accusation matches one of the listed serious offenses and prosecutors provide initial evidence, the accused can be held without bond, even if the claim turns out to be false later.

Is There Any Recourse for Someone Wrongly Jailed Under This New Law?

There are legal remedies, like filing a writ or appeal. But delays, packed dockets, and restricted discretion make it very hard to reverse a detention quickly.

How Does This Impact Family Law Specifically?

In family court, timing matters. A person jailed due to a false criminal charge may miss key hearings, lose temporary custody, or have their parental fitness questioned before they can respond.

Legal Changes With Real-Life Consequences

Texas bail reform has created a system where people can be jailed based solely on allegations, not facts. These changes affect criminal cases and have serious consequences in divorce and custody disputes. When your freedom and future are on the line, you need a team that knows how to fight back.

Montgomery criminal defense attorney Andrea M. Kolski and her team at Nonstopjustice bring over 25+ years of battle-tested courtroom experience, expertise, a network of expert investigators, and successful defense strategies that get results. If you’ve been accused, don’t wait; contact us now to protect your rights before it’s too late.

Understanding Texas Divorce Laws

The Law Firm of Andrea M. Kolski — Fri, 22 Oct 2021 13:37:49 GMT

Are you preparing for a divorce? Divorce law can be complex with many different aspects involved. Division of property, assets, child custody, spousal support, child support, and other legal matters must all be decided as part of the divorce proceedings.

Whether you’re considering filing for divorce or your spouse has informed you that they want a divorce, here’s what you need to know about Texas divorce laws.

Legal Grounds for Divorce

The state of Texas recognizes the following legal grounds for divorce:

If the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation;
Cruelty by one spouse towards the other of a nature that renders living together unsupportable;
Adultery;
The commitment of a felony by one spouse, who has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and who has not been pardoned (This does not apply if the spouse was convicted on the testimony of the other spouse);
Abandonment for at least one year;
If the couple have lived apart without cohabitation for at least three years; and
If, at the time the suit is filed, one of the spouses has been confined in a state mental hospital or private mental hospital in Texas or any other state for at least three years and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely, or if adjustment occurs, a relapse is probable.

A marriage may be annulled or voided for other reasons, but that is a different legal matter from divorce. A lawyer can help you determine whether or not an annulment or voided marriage is possible for you.

Division of Property

Community property is considered to be any money, possessions, land, and assets of any kind that were acquired by either party since the start of the marriage. In Texas, the court has the right to rule on the division of community property during a divorce in a way they think is just. Division of property also includes items like stocks, retirement funds, employer-offered profit sharing, bonuses, insurance policies, and other financial assets.

Child Custody/Support

One of the most difficult and emotional aspects of divorce is child custody. Custody, referred to as conservatorship in Texas, means having the major decision making rights, privileges, duties and powers. Joint conservatorship means that both parents share in the parental duties. If the parents can not agree on how to divide the parental responsibility, the court will rule on this matter.

If the child lives primarily with one parent, the other parent may be required to pay child support to the custodial parent. The amount will be determined by the court. Child support is paid until the child is 18 years old unless there are extenuating circumstances that require the child to remain under parental care into adulthood.

Spousal Maintenance

More commonly known as alimony, spousal maintenance is paid by one spouse to the other. In the state of Texas, for spousal maintenance to be ordered, one of the following must be true:

The obligor was convicted of a criminal offense that also constitutes an act of family violence and the offense occurred within two years of the date the suit for Dissolution was filed or while the suit is pending; or
The couple has been married ten years of longer; the obligee lacks sufficient property to provide for his/her minimum reasonable needs and is unable to support him/herself through employment due to physical or mental disability; or is the custodian of a child of the marriage of any age, who requires substantial care and personal supervision due to a physical or mental disability; or she/her clearly lacks earning ability in the labor market to provide for his/her minimum reasonable needs.

Separation

Separation is not legally recognized in the state of Texas, therefore there are no laws established to govern this situation. However, a written agreement can be established between both parties that specifies division of property and how debt and spousal support may be paid during the time period leading up to divorce.

Facing Divorce? Get Help From The Law Office of Andrea M. Kolski

Texas divorce laws can be complex and complicated. You need the help of an experienced divorce and family lawyer who can help you interpret the law and get your fair share of the marital assets. The Law Office of Andrea M. Kolski will fight for your right to the marital assets as well as child custody and support.

Call 832-381-3430 or contact us today to schedule a consultation. We are glad to offer our legal support during this difficult time.

Texas Child Support: What You Need to Know

The Law Firm of Andrea M. Kolski — Thu, 21 Oct 2021 18:16:05 GMT

Determining custody and child support is one of the most difficult aspects of family court. It can be difficult for parents to agree on what’s best for their children, which is why it is often up to the court system to decide. Sometimes child support and child custody cases are part of divorce proceedings, other times the parents of the child in question were never married. Either way, both biological parents share an equal responsibility to raise and/or support the child.

When it comes to Texas child support cases, the child’s best interest is always the top priority. Whether you’re receiving child support or paying it, here’s what you need to know.

Who Pays Child Support?

The parent responsible for paying child support depends on the situation. Typically, child support is paid to the parent with primary custody of the child(ren) by the other parent. Both parents are expected to financially support the child, but the parent that the child does not live with most of the time may be responsible for paying a monthly child support payment to the parent the child does live with.

How Much Should Be Paid?

The amount of child support paid is determined by a few different factors, such as the income of the non-custodial parent and the number of children needing support. Other considerations include medical expenses, educational costs, daycare, and other financial needs the child has. The income and financial situation of the custodial parent may also be a determining factor in the amount of child support the non-custodial parent will be ordered to pay.

How Long Will Child Support Be Paid?

If a parent is ordered to pay child support by the court, they will typically be required to pay it until the child is 18 or until they graduate from high school, whichever happens later.

Child support may be stopped before the age of 18 if:

The child gets married.
The child is legally declared an adult (emancipated).

Child support may be extended beyond the age of 18 if:

The child is physically or mentally disabled in a way that requires parental support into and throughout adulthood.

Who Decides Who Pays, How Much, and How Long?

In most cases the court determines which parent is required to pay child support and how much. This is decided by a judge in family court as a part of divorce proceedings or at the request of the custodial parent. The amount and terms of child support can be changed by petitioning the court for a modification. If either parents’ financial or custodial situation changes, the amount of child support may also be changed.

How Can a Lawyer Help With Child Support?

If you are the custodial parent who is seeking child support from the other parent, hiring a lawyer can increase your chances of getting the financial support you need. A lawyer can build a case to convince the court to order the other parent to pay you the child support you are requesting.

If you are the non-custodial parent who is being requested to pay child support, hiring a lawyer can help protect your rights and make sure the amount you are required to pay is fair. If there is any question about the paternity of the child, it can help to have a lawyer on your side.

Need Help with a Texas Child Support Case? Contact the Law Office of Andrea M. Kolski

Do you need legal assistance with child support or a child custody case? Whether you’re the parent seeking child support or the parent being asked to pay child support, the Law Firm of Andrea M. Kolski will fight for your rights. The well being of the child should always be the top priority in any child support case, and we do our best to ensure that justice is served on behalf of the child.

Call (832) 381-3430 or contact us today to schedule a consultation.

Child Visitation Schedules in Texas

The Law Firm of Andrea M. Kolski — Thu, 21 Oct 2021 18:09:50 GMT

Issues surrounding child custody are complex and can be difficult to understand. In Texas, there are two types of visitation schedules: standard possession and custom orders. While standard possession was once the most common, today’s busy lifestyles have seen more parents switching to custom child visitation schedules that can better fit the needs of the parents and child.

What Does a Standard Visitation Schedule Look Like?

A standard possession order, if determined to be in the best interest of those involved, gives the parent who does not have custody possession of their children on the first, third, and fifth weekends of each month.

This weekend is considered to begin Friday after school, or at 6:00 pm if the child is homeschooled or class is otherwise not in session, and ends at 6:00 pm on Sunday. In addition, this parent also has visitation rights on Thursdays, beginning at the end of school (or 6:00 pm) until 8:00 pm that same day.

If both parents agree, an extended standard possession order can also be considered. This gives the non-custodial parent additional time with their children every first, third, and fifth weekend, beginning Thursday at 6:00 pm (or when school lets out) and ending either on Sunday at 6:00 pm or Monday morning when school is in session.

How Does Distance Affect Visitation Schedules?

If one or both parents move, distance may become an issue when considering child visitation schedules. In cases where the parents live more than 100 miles apart, the non-custodial parent is instead able to choose between the first, third, and fifth weekends of each month or a single weekend per month, if that is more convenient.

Even this altered schedule may not meet the needs of every person involved, however, which might require the use of a child custody attorney to fight for a custom visitation schedule.

Who Has Custody Over Summer?

When school is not in session over summer break, the parent who does not have primary possession is allowed a period of 30 consecutive days with their children, but most provide the other parent with notice of these dates no later than April 1st. If no notice is given, the default dates for visitation are July 1st through July 31st. The parent with custody is then allowed one weekend of visitation during this period, but must provide the date by April 15th.

In the case of distance, the 30 days normally allowed becomes 42, with the standard dates shifting to June 15th – July 27th. In this instance, the primary parent is allowed two weekends of visitation.

How Are Holidays Divided Between Parents?

Although only Thanksgiving, Christmas, and spring break are initially considered “holidays” for the purposes of visitation, any holiday can be worked into a visitation schedule at the request of either parent. Parents have visitation rights for holidays every other year, with each parent taking even or odd numbered years for each determined holiday. In cases where the parents live more than 100 miles apart, however, the non-custodial parent is given spring break each year.

Does a Custom Visitation Schedule Fit Your Needs?

There are a variety of reasons why a parent might decide a standard child visitation schedule does not work for them. With the help of a child custody attorney, a custom possession order can be crafted that better suits your needs. This might involve alternating visitation rights every week, each weekend, or something else entirely. There is no right or wrong way to craft a custom child visitation schedule.

Let Nonstop Justice Fight For Your Visitation Rights

If you’re in need of a child custody attorney, the law firm of Andrea M. Kolski can help. We’ll fight for a child visitation schedule that meets the needs of both you and your children. Call us at 832-381-3430, or contact us online to find out more.

Texas Spousal Support: What You Should Know

The Law Firm of Andrea M. Kolski — Thu, 21 Oct 2021 18:02:13 GMT

Spousal support, also known as alimony or spousal maintenance, is money paid by one spouse to the other in the event of a divorce. In the state of Texas, spousal support is not always ordered by the court, but it can be depending on the situation. A family lawyer can help you understand spousal support laws in Texas and help you plead your case.

If you are facing a divorce, here’s what you should know about Texas spousal support.

Spousal support is additional money not included in the marital assets. Spousal support is money paid by one spouse to the other after the marital assets have been divided. There may be a specific timeframe for spousal support to be paid before the situation will be reassessed.
Spousal support is ordered by the court. The court will decide whether or not spousal support will be paid as part of the divorce proceedings. One party or the other can make a plea for spousal support and the judge will rule one way or the other.
Contractual alimony is agreed upon between the spouses in a divorce. In some cases the spouses in a divorce can decide on contractual alimony. This may be a part of divorce negotiations and mediation outside of court. Contractual alimony may benefit both parties, as the payer and payee have a say in the matter.
Temporary spousal support can be paid before the divorce is finalized. In some cases one spouse may pay support to the other before the divorce proceedings take place. This is called temporary spousal support and it does not guarantee that spousal support will be ordered by the court in the divorce.
Spousal support is usually paid by the spouse with the higher income. If one spouse has significantly higher income than the other, they will likely be the one who is required to pay spousal support, if it is ordered by the court at all. Earning potential is also taken into consideration as well as current income. One spouse may not have worked in the past, but has the education and resources necessary to earn a liveable wage in the future. In this case there may be no spousal support required.
Spousal support can change if the recipient’s financial situation changes. The amount of spousal support may change or be canceled altogether if the financial situation of the recipient improves. For example, if the recipient gets remarried and their total household income increases, spousal support may be reduced or stopped.
Spousal support can be difficult to get in Texas for a variety of reasons. If you are seeking spousal support, the state of Texas does not make it easy. Texas is a community property state, meaning all of the marital assets are divided equally between the two spouses. This puts both parties on relatively equal ground immediately following the divorce proceedings. Texas also wants to discourage either spouse from using spousal support as a reason to avoid seeking gainful employment.

Since 2011, eligibility for spousal support depends on the spouse’s ability to prove that after divorce (meaning after the division of assets and liabilities) there will not be enough property (including that spouse’s separate property) to meet his or her minimum reasonable needs (which usually means the spouse’s monthly expenses), and also one of the following:

the marriage has been for ten years or longer and the spouse made diligent efforts to either earn sufficient income or to develop necessary skills while the divorce is pending to meet his or her minimum reasonable needs; or
the other spouse has committed family violence; or
the requesting spouse has an incapacitating disability that arose during marriage; or
a child of the marriage (of any age) has a physical or mental disability that prevents the spouse who cares for and supervises the child from earning sufficient income.

Spousal support is different from child support. Spousal support is a totally separate item from child support. One spouse may be ordered to pay child support to the parent who has primary custody of the child. Child support may also be ordered if one parent lacks the necessary income to meet the child’s needs.

Have Questions About Spousal Support? Contact the Law Offices of Andrea M. Kolski

Divorce can be quite a financial burden on one or both spouses. Whether you wish to seek spousal support or you feel you are being ordered to pay spousal support unfairly, the Law Offices of Andrea M. Kolski can help. We are a family law firm that represents our clients in divorce proceedings and family court cases. We are ready to fight for your rights both in and out of court.

Call 832-381-3430 or contact us today to schedule a consultation.

Domestic Violence Accusations: When It’s Time To Get An Attorney

The Law Firm of Andrea M. Kolski — Mon, 04 Oct 2021 15:21:16 GMT

Being falsely accused of domestic abuse is a serious issue. Falsely accused persons face a list of potential consequences if convicted. False accusations are particularly problematic in divorce or custody battles. Falsely accused spouses could lose custody of their children and even face jail time. Nobody deserves to be convicted of a crime they didn’t commit. That’s why working with the right domestic abuse lawyer could save the day.

More than 20 million Americans are accused of abuse. Out of the millions of domestic violence cases reported annually, many are false accusations or situations that may not merit legal intervention. Unfortunately, once accused, these charges are difficult to defend and many innocent people suffer the consequences.

Domestic assault charges are serious and can cause damage to careers, families, and ones future. To protect your freedom and reputation, act now. It’s critical to work with the best domestic abuse lawyers.

The right lawyer can help with the complex legal process and guide you through it. Continue reading to learn the 6 signs that it’s time to hire a domestic abuse lawyer and defend your rights.

1. Charges Filed

Have domestic assault charges been filed against you? Do they have evidence to prove their case? If so, the clock is ticking and you need to get to work immediately.

The first step to proving your innocence is appropriately responding to the charges according to the laws in your state. Don’t assume because you’re innocent that your word against that of your accuser’s is enough to prevail. Unfortunately, the accused face an uphill battle to prove their innocence and there’s a strong chance you might lose. A domestic abuse attorney will know how to navigate the complex court system and properly respond to the charges.

Depending on the circumstances, an experienced domestic abuse lawyer can work to negotiate with the court to have the charges dropped or lessened. With enough evidence on your side, having the charges completely dropped is your best case scenario so that you can move on with your life. This is very difficult to achieve without a seasoned attorney fighting for you.

2. Spouse Threatening to Call Police

If your spouse is threatening to report you, it’s time to find the right attorney. When the police are called or involved, the escalation happens quickly. In most cases, if the cops show up, somebody is going into custody even if both parties claim things are ok. That one call means a personal matter is now a legal matter and your liberty is at risk.

Even if you know you’re innocent, it’s important to be extremely careful talking to the police or any member of law enforcement. In heated situations, innocent people often say things that will later be used against them. This will likely complicate your case.

Stay quiet and calm. Comply with the officers requests, even if you don’t necessarily agree with them. Keeping a cool head will help everyone in the situation. Don’t try to prove your innocence to the law enforcement officers on the spot. There’s a good chance you’re going into custody regardless what you say. This is not the time to prove your innocence.

During questioning, having your attorney is present is a smart call. A good attorney understands the situation and will advise during interrogation.

It’s very easy for innocent people to implicate themselves by saying too much. Don’t let the emotions of the situation get the best of you. Remain calm and obey the officers every step of the way. If they ask questions that you feel could implicate you, request your lawyer and respectfully decline saying anything more until your lawyer is present. Wait until your lawyer arrives to talk to the police.

3. Law Enforcement Involved

Has your neighbor or family member contacted the police? If so, remain calm. Keep your wits about you and be prepared for a long night. Once the police are contacted, you can expect to be questioned and likely taken into custody. Yes, even if you are completely innocent, this is a real possibility, so don’t panic.

Remember that police officers are people too. They don’t like getting involved in personal disputes and are simply trying to insure everyone’s safety. They can’t know every detail of your relationship or the circumstances that led them to be alerted. Keep this in mind as officers try to make sense of the situation.

Keep a calm demeanor and act respectfully. After the situation has passed, make sure to collect and keep any evidence which you think could help your case. Gather any relevant photos, credit card bills, cell phone messages, recordings, or social media posts.

If your spouse is falsely accusing you of domestic violence, try to consider why they may be doing this. What is their agenda? Is there a custody dispute? Are they trying to make your life more difficult? There are a million reasons why someone would falsely accuse someone else of a crime, so be aware of what may be going through your accusers mind.

Law enforcement looks at social media and other data to get in the heads of both the accused and their accusers. This evidence could be used to help or hurt your case. Either way, once it is destroyed or deleted, it can’t be retrieved. Without good evidence, it’s hard to prove your innocence.

Is your accuser the one actually abusing you? This is not uncommon. Oftentimes an abuser will try to turn the tables and falsely accuse the other person of abuse. This is sad but happens all too often. It’s another reason why it’s important to collect evidence to demonstrate their deception, abusive and combative behavior.

Even with evidence, resolving the case on your own is an uphill battle. In today’s environment, it’s extremely rare for a falsely accused person to successfully defend themselves alone against domestic abuse charges. Don’t take that chance on your freedom. A skilled attorney is key to protecting evidence to prove your innocence.

4. Physical Altercation With Accuser

Was there an argument or disagreement between you and the accuser that elevated into a physical altercation? If so, proving your innocence will be a challenge. Your attorney will need to argue on your behalf regarding the circumstances of the altercation.

Therefore, if your spouse has accused you of violence, it’s likely best to stop communicating with them. Anything said or done can be evidence against you. Even a simple apology could be interpreted as guilt. So, it’s best to stay silent.

If the judge issues protection orders, even when you know you’re innocent, you need to follow them. It’s best not to engage with the accuser if they are trying to reach out to you.

This is why having a reliable lawyer around is invaluable. They can advise you on what steps to take next as you work your way towards proving your innocence to the court. Too often innocent people do things after the fact that wind up biting them later. Don’t make those mistakes.

A good lawyer will advise about contacting and engaging with your accuser and how to conduct yourself in the days ahead.

5. Issued With a Warrant of Arrest

Is there an active warrant out for your arrest? Do you think it could be for domestic violence, and you don’t know what to do?

One of the first things an experienced domestic abuse lawyer will do is determine whether or not there is a warrant for your arrest. This will immediately signal to them how severe your case could be. If you discover there is a warrant for your arrest, it’s important to listen to your lawyer’s advice. They may instruct you to turn yourself in or take other action to help your case.

It may be a shock to learn you have a warrant for your arrest. This is understandable. But, as always, cooler heads must prevail. Discuss your options with your lawyer and follow their guidance. Whatever you do, avoid disparaging the accuser or ranting about your innocence on social media, through texts, calls, or other communications. Keep your mouth shut.

Emotional responses, even when you’re innocent, can send the wrong message. It’s easy to dig your own hole with angry social media posts or messages to the accuser, or others. A bad public image will only worsen your case. Stay off social media and stay clear of anything that could be interpreted as hostile behavior.

Let your lawyer do the talking for you. Let them deal with your warrant and listen closely to their advice.

6. Talk To An Expert Before Things Get Heated

Every relationship has it’s ups and downs. If your relationship has been strained lately, it’s important to talk to people that can help you smooth things out. Counselors and therapists are a great way to improve your state of mind and better your relationship with your spouse. Don’t wait until things get heated to seek help.

If circumstances have elevated things where law enforcement is involved, it can be a race against time to prove your innocence. It’s important to immediately begin building your case as soon as law enforcement is contacted. It’s critical to let your lawyer do the talking for you. It’s unlikely anything you say or do will help your case. You’ve got to remain calm and trust your experienced domestic abuse attorney to protect your freedom.

Being arrested for false accusations means you’ve got an uphill battle to prove your case. However, don’t wait till an arrest to seek professional help in your relationship or start looking for a domestic abuse attorney to stand up for you.

A Top Domestic Abuse Lawyer For The Justice You Deserve

Domestic abuse is a serious crime. Abusers should be punished and victims should be protected. However, false accusations are a very real problem in our system. The innocent can be thrown in with the guilty and that’s bad for our system of justice. When one innocent person is convicted, it can undermine the credibility of our system, which eventually hurts us all.

Anyone charged with domestic abuse could face heavy penalties, loss of parental rights, or conviction. A conviction can negatively affect their life, career and even reputation. This is something that should be avoided at all costs.

If you or a loved one has wondered, “is there a domestic abuse lawyer near me”? Then it’s time to start building your case and protecting your rights.

Few firms in Texas have more experience defending the accused than the Law Firm of Andrea M. Kolski in Montgomery County, Texas. Andrea has been successfully defending those facing charges for over 21 years. With thousands of hours of real courtroom experience, Andrea has won countless verdicts including dismissals and lessened charges for her clients. Contact them today to review your situation and determine the best course of action for your case.

Child Custody in Texas: An Overview for Parents

The Law Firm of Andrea M. Kolski — Wed, 23 Jun 2021 15:12:00 GMT

Not every marriage lasts a lifetime. Just ask the over 780,000 couples that divorce every year.

While divorce seems like a two-sided affair, the kids take center stage in most divorce hearings. Deciding who gets the kids and when a couple separate is one of the most difficult decisions both parties and the court have to make.

While some couples can amicably agree on who gets the kids, others fail to reach an agreement regarding the children. Such couples might require the court’s intervention to iron out the issues. Knowing the various types of child custody can prepare you for potential child custody hearings.

This knowledge will prove useful when the court gives the final verdict on who gets to keep the kids. In Texas, the court makes every effort to avoid favoring the mother or the father in child custody proceedings. Instead, it relies heavily on the relationship each parent has with the child.

In rare instances, grandparents may get custody of the child. However, Texas courts tend to lean towards natural parents as the affected child’s primary custodian. Keep reading as we explore the various types of child custody to better prepare you for any upcoming child custody proceedings.

What Is Child Custody?

Child custody is a legal term that denotes the control and care of a child courts award to a parent after a divorce. The custodian is the parent that gets to take custody of the child. In Texas, courts refer to child custody as conservatorship.

The decision on who gets the child depends on the law of the state in question. As mentioned earlier, Texas law primarily considers the relationship between the child and the parents. Other states consider factors like the financial capability of the parent, the child’s education, among other factors.

Types of Child Custody

There are various types of child custody that a court can award to a parent after a court hearing. All types of child custody break down into two categories: physical custody and legal custody.

Physical custody refers to who the child will primarily live with after the split. The court can grant both parents physical custody or award custody to just one.

With legal custody, the child’s custodian has the legal right to make crucial decisions concerning the child’s life up to adulthood. This doesn’t mean that the child must live with the parent.

1. Temporary Child Custody

Temporary child custody isn’t official child custody as per Texas law. It instead refers to the parent taking care of the child before and during the child custody proceedings. You can think of it as short-lived “de facto” child custody.

Before you start a formal child custody hearing, you must first file for temporary custody. The decision on who gets temporary child custody is based on the child’s “best interest.” Temporary child custody isn’t a conclusive decision on who gets child custody, but it can weigh heavily on the courts final decision. This is because most courts, and family law judges, try to avoid major disruptions in a child’s day-to-day life. Therefore, if the temporary child custody arrangement seems to work well for the child, a judge may be hard pressed to change that circumstance. Having a skilled family law attorney representing you is important if you are looking to change the temporary child custody orders.

2. Sole Custody

With sole custody, the court decides which parent will take full custody of the child. The court awards both physical and legal custody to the sole custodian. If the court awards sole custody, the custodian can make decisions on:

Where the child will live after the divorce
Where the child will attend school
The child’s health and dental care, including mental health treatments
What extracurricular activities the child will participate in

To keep it simple, sole custody is where the court picks a single parent to be the child’s caretaker. The child will live with the custodian after the sole custodian award.

3. Joint Custody

In joint custody, both parents share parental responsibility for the good of the child. However, sometimes one parent may get legal custody of the child as long as it’s in the minor’s best interest.

Alternatively, the court may specify particular responsibilities for each parent and even the joint ones. In fact, courts in Texas prefer joint custody arrangements so that the child can maintain meaningful relationships with both parents.

Unlike sole custody, joint custody takes extra effort by both parents to work together. For instance, it may not clearly define who gets possession of the child, who gets to live with the child, and who gets to visit. The couple may need a subsequent proceeding now as a standard possession order to iron out the matter.

With that in mind, there are two categories of joint custody:

Joint legal custody: Both parents contribute to the child’s upbringing, but the child lives with one parent. Here, parents only share legal custody but not physical custody.
Shared physical custody: The child will divide living in both parent’s residence. The child must spend at least 35% of the year with the other parent.

You can arrange for a special type of joint custody if it’s necessary. This can be a combination of both joint legal and shared physical custody. As long as it’s within the limits of child custody laws, such an arrangement is possible.

4. Split Custody

As the name suggests, split custody is where parents split custody between their children but not like joint custody. In split custody, one parent takes custody of one child while the other parent takes custody of the other child. The custody of the children is basically split, with each parent bearing responsibility for one child.

What About Child Support?

In Texas, most courts require the non-custodial parent to pay child support. Child support is required until the child is eighteen.

In some cases, child support may extend beyond 18 years, for instance, if the child is disabled. The court will outline the duration of the child support payment.

Types of Child Custody Explained

Most parents want what is best for their children. Even in the most contentious divorces, it’s important that both sides keep the child’s best interest at heart. Child custody in Texas can be a pretty sensitive topic, but knowing about the types of child custody helps prepare you for the court proceedings. However, remember the court’s ultimate decision is based on the child’s best interest.

If you are considering divorce or already in the midst of a divorce, it’s important to get experienced compassionate legal guidance. A skilled family law attorney will work towards a future path that works for everyone, including you and your children. We specialize in helping families navigate the divorce process and move past this difficult time. For legal help and representation on child custody matters, contact us today.

Understanding Texas Divorce Law

The Law Firm of Andrea M. Kolski — Wed, 07 Mar 2018 00:23:12 GMT

Divorce in Texas – Know the Law

Divorce is never fun, but a thorough understanding of the law is vital to protecting your rights. Texas divorce law is highly complicated, and it is important to hire an attorney to represent you. The more you know, though, the more you can act as your own advocate. Here is a general overview of Texas divorce law, without the sort of specific advice that can only come from your attorney.

Residency and Timing

To file for divorce in Texas, one spouse must have been a Texas resident for the prior six months and a resident of the county where the divorce is filed for the prior 90 days. If the non-filing spouse does not meet these requirements, the last marital residence must have been in Texas and no more than two years may have elapsed since that residence ended.

If the wife is pregnant, whether or not the baby is her husband’s, most Texas courts will not finalize a divorce until after the birth. This allows the baby’s welfare to be considered, and orders regarding his or her care to be included in the final divorce decree.

Collaborative Divorce

Texas law provides the option for the divorcing partners and their attorneys to draw up a dissolution of marriage settlement for the court to approve. This can be a great option if your divorce is simple and you and your ex are still friendly. However, if the process fails, both parties’ attorneys are required to withdraw and cannot represent them in divorce court.

Legal Grounds

Texas provides a variety of grounds for divorce, such as adultery or abandonment. Filing for divorce on grounds may affect the distribution of property or even child visitation orders. However, Texas also provides for no-fault divorce, in which the divorcing partners simply cannot continue to tolerate each other. This is by far the most common type of Texas divorce.

Spousal Maintenance

In this era of two-income households, spousal maintenance is not as common as it used to be. However, the court does have the right to award maintenance payments for specific reasons, from conviction of an act of family violence to the inability of one spouse to earn enough to provide for his or her basic needs.

Children

In Texas, child custody is known as conservatorship. Where possible, courts tend to award joint managing conservatorship, in which both parents share legal responsibility for all decisions affecting the child. If this is not practical, though, one parent may be awarded sole managing conservatorship, while the other receives possessory conservatorship, or visitation. In certain domestic abuse cases, supervised visitation and other stipulations may be required or, if in the best interest of the child, possessory conservatorship may be disallowed for a period of time.

Child support payments are normally assigned based on a set formula that takes into account the obligor’s net income and the number of children involved. However, the court may deviate from this formula if it is determined to be in the child’s best interest. Child support typically ends when the child turns 18 or graduates from high school, whichever is later, or if the child is emancipated by marriage or other means. However, many families draw up a plan that includes contributions to the child’s college education. These plans are typically approved by the court if they are considered reasonable.

Distribution of Assets

Texas is a community property state, and the majority of assets will be equitably (though not necessarily evenly) divided between the divorcing spouses. This includes retirement accounts and other employee benefits accumulated during the marriage.

However, some assets may be considered separate property, including assets that each spouse owned prior to the marriage, inheritances and gifts designated for just one spouse, and personal injury settlements awarded to one spouse (except for any portion designated to replace lost earnings). The burden of proof is always on the separate property-holding spouse to demonstrate that the asset is not community property.

Texas divorce law is fairly complicated, and many families have situations that are not cut and dried. It is always best to retain an attorney to give you specific advice and protect your interests throughout your divorce proceedings.

With 6 years of experience as a Harris County prosecutor and 11 years of experience representing clients in a variety of family, domestic, and criminal cases, past president of the Montgomery County Bar Association, Andrea Kolski, has the background you need to win your case. For more information or to schedule a consultation, call Nonstop Justice today at 832-381-3430.