Criminal Issues in Texas Divorces: A Video Podcast with Mark L. Scroggins

Learn How Criminal Issues in Texas Divorces Can Be Avoided with this Video Podcast with Mark L. Scroggins and John H. Withers, Jr., attorneys at Scroggins Law Group.

Divorce is challenging enough without adding concerns about criminal issues. In this Scroggins Law Group video podcast, Mark L. Scroggins appears with John H. Withers, Jr., to discuss criminal issues in Texas divorces. Attorney Withers, who recently joined Scroggins Law Group as an of counsel attorney, is a well-known divorce and criminal defense attorney and he is Board-Certified in criminal law in Texas.

In this video podcast, Mark and John talk about various situations in which divorcing parties have concerns about criminal and civil penalties, including extensive monetary fines as well as probation or jail time for criminal convictions.

Learn how protective orders are the nuclear bomb in divorce cases as described by John Withers, and how divorcing parties can avoid the long-term effects of protective orders and what happens if you violate them. Another popular topic people often ask about is accessing your spouse?s communications and criminal penalties in Texas. Additionally, Mark and John talk about what happens when people use common audio and video recording devices to their detriment. While people might think they are helping collect evidence, they might be helping themselves straight into a criminal conviction.

If You are Concerned about Criminal Issues and Divorce, Call Mark L. Scroggins at Scroggins Law Group at (214) 469-3100. The Scroggins Law Group Team Practices in Collin, Dallas, and Denton County, Texas.

The attorneys at Scroggins Law Group work with people and families going through high-conflict divorces and custody cases. With offices in Frisco, Dallas, and Plano, Texas the SLG team is called in on the really tough cases that require significant resources and the right attorneys and experts.

Meet John H. Withers, Jr., Attorney of Counsel with Scroggins Law Group

John H. Withers, Jr. joined Scroggins Law Group on December 1, 2019, as an attorney of counsel. Withers is well-known in both the family law and criminal law communities. John is a criminal law and family law attorney in Dallas and is qualified as a Family Law Mediator. He is Board-Certified in Criminal Law by the Texas Board of Legal Specialization, which is a huge asset to Scroggins Law Group.

John?s areas of practice are criminal law, family law, and juvenile law. John earned his degrees from Texas A&M and SMU School of Law. He started his legal career working at the Dallas County District Attorney?s office before joining his father?s practice, Withers & Withers, P.C., until he joined Scroggins Law Group.

Protective Orders: The Nuclear Bomb of Divorce Cases

Change the complexion of the entire case and can be very difficult to overcome. There are many things to consider if you are considering whether to seek a protective order.

A protective order issued in a divorce case can affect a few aspects of the divorce including property division, conservatorship, possession of children, conditions of possessions of children, and even spousal maintenance after the divorce.

For more information about protective orders in Texas Divorce Podcast: Being Aware of Family Violence and Protective Orders

Protective Orders may also address who may live in the marital residence Kick Out Orders: Temporary Exclusive Occupancy of the Residence

Accessing a Spouse’s Electronic Communications

There can be big problems when a husband or wife gets into the other’s email or text messages. There are potential violations of the Texas wiretapping law and the Stored Communications Act which carry both criminal and civil penalties in the state or federal versions of the acts.

In the context of a divorce, accessing a spouse’s text or email messages is a violation of privacy rights and the offending party may be prohibited from using that information as evidence in the divorce. Evidence that is obtained illegally is inadmissible in court.

From a mental health point of view, a therapist writes about the dangers of spying on your spouse and how that action alone is like cheating on your spouse because it’s all about trust. Read: Why Your Shouldn’t Check Your Partner’s Phone.

Recording Devices: Does Your Spouse Have an Expectation of Privacy?

Laws have changed regarding the use of cameras, baby monitors, and other normally owned recording devices around the home. The Texas legislature keeping up with advances in technology is updating the criminal and family codes to handle recording devices and expectations of privacy issues in divorces.

John explains that while it might be okay to video someone, it might not be okay to record them. He explains in the podcast that some monitors only record video and not audio and that is one issue, but otherwise recording devices commonly used in the home can be a problem when the recordings violate the spouse’s privacy and become inadmissible in divorce court.

Mark highlights the importance of gaining evidence the legal way because the easy way can land people in a heap of trouble and seriously disadvantage themselves in their divorce and child custody case.

Mark L. Scroggins is Board-Certified in Family Law and John H. Withers, Jr., is Board-Certified in Criminal Law. Call Scroggins Law Group in Frisco, Dallas, and Plano at (214) 469-3100 for help with Criminal Issues in Texas Divorces.