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Trespass under false pretense, photos taken w/o consent.

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TX_Dad

Junior Member
What is the name of your state? Texas

Bit of background: I'm in the middle of a nasty custody hearing. My ex will do just about anything to win this case. My frustration with it is while I have been acting 'in good faith' all the time, my ex continues to pull stunts, lie (including under oath), and create chaos whenever she can. Suffice to say, I take every precaution to cover my ass.

This question is not about the custody case specifically.

A few weeks ago, a friend / business associate of hers came to my door. He expressed concern over two things - one, he had been told that my eldest daughter was currently in the ER (she was home with me), and two, that he was concerned about being ripped off by her via identity theft, and that she would reneg on her promises to reimburse him for what he's given her to cover her legal expenses.

I invited him in to the house for a conversation. We discussed the potential for her to do what he was concerned about (high, in my opinion), and I gave him the history of all of the crap she'd pulled. He was there about an hour, and he left.

Unbeknownst to me, he had photographed the place with his cell phone. One of the things that he photographed is my ex's brother (I get along great with her family). He is prohibited by a court order from being *alone* with the girls, but not prohibited from being in their presence. My ex's brother doesn't live there. Since we're both prohibited from having anyone but a blood relative present after 8pm, my evening company is severly limited. He's come over and watched a movie now and then, had dinner, and sometimes he's spent the night on the couch. Occaisionally took a shower there after work - (worked in a seafood restaraunt around the corner from my house at the time). He's young and trying to get on his feet. He used to live with my ex until she screwed him over, and then accused him of being a drug addict to keep him from testifying against her, hence the restriction about being alone with the kids.

This associate of my ex's has later called and said that he's willing to say or do anything to 'get' my ex. I've explained to him that I don't want anyone to say anything that isn't true, or that they can't somehow document. He became more direct in his offer to basically purjor himself to benefit my case. I became suspicious that I was being lured into saying something for a telephone recording.

This week, her attorney has asked for a hearing, and she's been bragging about these pictures to family members (who can't stand her, and called me immediately)

I think I have an expectation of privacy that has been violated.

I think that there's something of value that my ex has obtained through false pretense, and is an conspirator / accessory to this.

I'm hoping there's civil and criminal statues about this sort of crap, but I can't seem to find such on the net.

Where do I stand on this? I know from past experience that when I try to explain what was said, that the attorneys and the judge yell "HEARSAY", and it's inadmissable, but I wouldn't have invited him in if he wasn't expressing a concern about being a victim of a criminal act.

Thanks for your time.
 
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