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Gary D. Peak

Gary D. Peak

Do You Want the Best Fighting for You?
  • Criminal Law, Family Law, Collections...
  • Texas
Claimed Lawyer ProfileQ&AResponsive Law

After practicing for over 10 years in Houston, I was blessed to be able to return home and enjoy life as a small town attorney for the last 20 plus years. It is nice to have a practice to keep you on your toes and seeing new and different things every day. My practice in Family, Criminal, Consumer Collection Defense, Contract, and Personal Injury will definitely keep me on my toes. I also act as a Mediator and believe every case can be settled if it goes through Mediation. It is a way to allow parties to maintain control of the outcome of their case, whereas they turn it over to a Judge or Jury if they go to trial. Feel free to E-mail me with questions at, and I will strive to get your questions answered for you. I do not want a client to leave a visit with me, with unanswered questions, or at least a plan to get the answers if more research is required.

Practice Areas
  • Criminal Law
  • Family Law
  • Collections
  • DUI & DWI
  • Personal Injury
  • Cannabis & Marijuana Law
  • Domestic Violence
  • Divorce
  • Traffic Tickets
  • Free Consultation
    I give free consultations on Personal Injury cases.
  • Credit Cards Accepted
    Visa and Mastercard
  • Contingent Fees
    For Personal Injury claims we represent clients on a contingency basis. We may also possibly represent someone in a large commercial case on a contingency.
  • Rates, Retainers and Additional Information
    Our Fee is normally based on an hourly rate. We discuss your case up front and give you an estimate of what we believe the case will end up costing. We normally require a retainer and the amount depends on the nature of the case.
Jurisdictions Admitted to Practice
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  • English: Spoken, Written
Professional Experience
Attorney and Mediator
Gary D. Peak Attorney& Mediator
- Current
I have been blessed to work for a slave driver since 1995.
Boswell & Hallmark PC
Briefing Attorney
11th District Court of Appeals
Gerry Spence Trial Lawyer College
other (2014) | TLC
Gerry Spence is one of the greatest attorney's this country has ever known. Learning some of what made Jerry what he is, was invaluable. It changed me, and the way I practice law, and my client's and I are some much better for it.
Activities: Psychodrama, Share the Story, Discovery the Story, Voir Dire, Open, Close, Creating a Tribe, Discovering one's Self
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Texas Tech University School of Law
J.D. (1987)
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University of Texas - Austin
B.A. (1984)
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Websites & Blogs
Legal Answers
46 Questions Answered

Q. Can I file for a divorce while still living with my husband?
A: If you filed for a protective order over a month ago, either the Judge should have granted or denied it by now. I suggest, getting an attorney of course, and filing for divorce, and temporary restraining order which could give you sole possession of the house until a hearing within 14 days of filing. Even if the Judge won't kick him out with a TRO, it can have other language in it to better protect you.
Q. When does child support stop?
A: It depends on whether he stays in school for summer school trying to graduate, or comes back in the fall to asses to graduate. I would meet with the school counselor who deals with issues like this trying to get kids to graduate and find out if there is a plan and if so what. Ask how they handle it paperwork wise if a child doesn't graduate as to whether they are still in school or not. What papers would be required to be filled out and submitted if he intends to take summer or classes in the Fall. If it is clear, or he admits in a text or otherwise he isn't going to continue with school, you can stop paying and let them prove you wrong. But, you will likely have to provide the Attorney General evidence he is no longer attending.
Q. Vehicle was hit by another vehicle. Took it to paint shop. Went over the insurance estimate and removed a few items to s
A: The question is, do you have your vehicle or is it still at the shop? If they still have it I would get an attorney to write a demand letter for the car and regarding the bill. If not, you can simply refuse to pay and if they report it to the credit bureaus then sue them, or if they sue you, file a counterclaim. Or, you could have an attorney try to head any of that off by sending a letter threatening to file suit for this fraud they are trying to commit if they do not acknowledge the debt is paid in full. Finally, you could sue them for a crapping repair and paint job and deal with it all in that suit.
Q. What can be done if wife's ex is taking youngest of 3 girls to therapist w/o consent?
A: To properly answer this question an attorney would need to read your decree to see exactly what rights each party has regarding getting mental health treatment for the child. If it solely grants that to you, you may have to file a Motion for Contempt or to Enforce with the Court to try and get the Court to stop it. Of course, they may file a Motion to Modify claiming the therapy is necessary and you aren't getting it for the child, or that the therapist thinks something is going on and child needs to live with the Ex.
Q. I paid $2000.00 for my Divorce I was suppose to be getting 70% of assets and him 30% and he’s to liquidate the business
A: Sadly $2000 is a bargain for a divorce. If your Ex has not complied with the Decree you will need to file a Motion to Enforce. You will likely have to pay the attorney more money to pay for that, but they can ask in the Motion for the Ex to have to reimburse you for your legal fees.
Q. can I get a non disclosure agreement?
A: I apparently don't read your question as the other two attorney's do. It sounds like you were charged with felony assault, pled guilty and were "convicted" of a misdemeanor assault. If that is correct, you cannot do anything to remove the conviction, other than possibly getting a sworn statement from the accuser saying it didn't happen, or you only defended yourself after they attacked you. But, even then you would have to hire an attorney to appeal under an actual innocence claim. If you got deferred on the charge you pled guilty to, you can file for nondisclosure.
Q. Is it contempt if non custodial parent is called for school meeting and tells to not call custodial parent?
A: It isn't contempt, but if I wear you I would be very unhappy. Have you scheduled an appointment with the school principal yet to meet with them and go over the custody papers where I assume it says you have custody and the right to make educational decisions for the child? If not, that would be my first step. Don't do anything to cause the school folks to not like you and be more likely to testify for the other parent if there was a future custody battle.
Q. Can I legally move with my children? I’m custodial parent.
A: Sounds like you need a good attorney to take him back to court and have him help in contempt and maybe get him to agree to modify some of the terms to allow you to relocate in exchange for not asking the court to throw him in jail, or suspend his driver's license if meet the requirements for that.
Q. How much time will I be making in jail for forgery financial instrument? My bond is 30,000 but I have no money to pay.
A: It depends on whether you are guilty or innocent. Whether you want to take a plea or go to trial. And whether you have a good attorney. It also depends on what kind of criminal history you have, if any. If you can't afford an attorney then you can request a court appointed. But, if I were you I would be trying to hire one to help get the bond lowered, or make a quick deal to keep you from having to sit or pay a bond, if you are guilty.
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Contact & Map
Gary D. Peak, Attorney & Mediator
Eastland Office
101 W. Main St
Eastland, TX 76448
Telephone: (254) 629-1333
Fax: (254) 631-0093
Breckenridge Office
201 W Walker
Breckenridge, TX 76424
Telephone: (254) 559-6300
Fax: (254) 559-6302