A: Yes, IF you created the photos and you have obtained a copyright on them. The copyright can be filed immediately prior to filing suit, but to recover attorney’s fees and damages, the copyright needs to have been filed either within three months of the date of publication of the photos or before the act of infringement occurred, whichever is later.

Q: Can I sue someone for defamation on Facebook?

A: Yes. Slander is a defamatory statement that is orally communicated to a third person, such as when going live on Facebook. Libel is a defamatory statement expressed in written or graphic form such as a post to your feed. A false statement can create action for a lawsuit if it was published as a fact rather than an opinion, concerned you, and caused you serious harm.

Q: What can I do if someone is cyberbullying me?

A: The Texas Education Code defines bullying as “a significant act or a pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression…or physical conduct” that physically harms a student or student’s property, is severe or creates an abusive educational environment, disrupts the educational process, or infringes the rights of the victim at school. Cyberbullying is defined as bullying that is done through the use of any electronic communication device. Under Texas law, you can ask the court to stop someone from cyberbullying by filing a Sworn Application and Petition to Stop Cyberbullying.

Q: How do I know if online communication has escalated to harassing or stalking?

A: Under the Texas Penal Code, a person commits the offense of harassment if they initiate communication that is intended to harass, annoy, alarm, abuse, torment, or embarrass another. This includes publishing on a website, social media platform, or other electronic communication that is likely to cause emotional distress, abuse, or torment to another. A person commits the offense of stalking if they repeatedly harass or act in a conduct that places another in fear of bodily injury or death. This could include repeated phone calls, emails, texts, or social media messages; sending multiple unwanted gifts; or using software to track computer use. If you are in fear of another’s behavior that is in line with these offenses, consider talking to one of our attorneys regarding obtaining a protection order.

Need further advice? Call us now at 210-368-9708 to request a consultation.

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The Truth About Estate Planning

People tend to think of Estate Planning at key times during their lives. For example, at the birth of their first child, or when they retire, or upon the illness or death of a parent. The truth is, the right time to create your Estate Plan is now, before something happens. Estate Planning is an ongoing process and should be reviewed and updated as your family and financial circumstances change.

Estate planning is especially important for unmarried same-sex couples. Unlike married couples, your estate will not pass on to your partner if you die. Unmarried same-sex couples must have wills designating their partner as a beneficiary for their partner to inherit property.

Same-Sex Couples With Children

An important issue that often comes up during estate planning is naming a guardian for your minor child. It is common in same-sex relationships for only one partner to be the legal parent of a child. If both partners are not listed as legal parents, and the legal parent dies, the court will choose the child’s legal guardian.

A will allows you, as the legal parent, to express who you want as your child’s legal guardian. If you are in a same-sex relationship, your will gives you the opportunity to name you partner as the legal guardian of your child. By naming your partner as your child’s legal guardian, you increase the likelihood a judge will follow your final wishes.

While creating a will is very important, it is not the only thing estate planning includes.

An Estate Plan Should Also Include:

Powers of Attorney, or POA
Directive to Physician, or “Living Will”
Designation of Guardian

Now that you know the basics, are you ready to get started?  Tessmer Law Firm, P.L.L.C. can assist you with a complete Estate Plan suited to your individual needs. Give us a call at 210-368-9708 and schedule your Estate Planning consultation today!

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Last week we discussed what a common-law marriage entails, but how do you enter into one?

If You Would Like To Enter A Common-Law Marriage You Must Be:

• over 18;
• marrying someone of the opposite sex;
• not related to your future spouse;
• not currently married.

More Requirements When Entering A Common-Law Marriage

Nobody under the age of 18 may enter into an informal marriage, even with parental approval. Besides being over 18, you cannot be relatives by consanguinity. Couples of the informal marriage may be same-sex since becoming legal for every state in 2015. You can read more about the  Obergefell v. Hodges decision here. Finally, both parties must be single. This means, that if one person is already in a marriage, he or she must divorce his or her spouse whether the marriage is common-law or not. It is not possible for one person to have two or more spouses in any form.

The most straightforward way to enter into a common-law marriage is to sign a declaration of marriage at the county clerk’s office. But, that is not necessary. You can move in together, and behave as a husband and wife would, inferring a common-law marriage agreement.

What If I Want To Move To A Different State?

Not all states recognize common-law marriage. Your marriage will stand in Texas but not if you move to a new state that does not honor informal marriages. Consider this possibility when entering into a common-law marriage. Find a list of states allowing informal marriages here.

To avoid a common-law marriage, the best thing to do is draw up a contract with a lawyer stating that while you live with this person, you wish to remain single. With a contract in place, you can live with a significant other without ever becoming spouses. Keeping bank accounts separate, filing separate tax returns, and of course, not referring to your partner as a spouse, will keep you single!

Further Reading:

Pro Se Resources-Common Law Marriage

The Statesman

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