Wife lied and I can't use it?? Please help.

[satxmarco]

What is the name of your state (only U.S. law)? TX
Hello. Any advice would be greatly appreciated. My soon to be ex-wife took my children from Texas to Arkansas. When she got there, she filed a police report and restraining order against me. She said that she felt threatened and in fear for her life. The local D.A. later had the local police department call her to get a statement. This was a few months after the alleged incident. In her new report she stated that I was "waving a gun in her face" as I threatened her. I am due in court in a few weeks. I am being prosecuted for terroristic threats. My lawyer says there is no way to use the police report she made in Arkansas to prove that she is lying. I think the jury would like to know that two days after she stole my children there was no mention of a gun... however a few months later one magically appeared. My lawyer says that we cannot subpoena the officer she originally made the report with in Arkansas because it is out of state. Does anyone have ANY ideas as to how I can prove she is lying? Thank you for your thoughts.

 

[justalayman]

the lack of it being reported does not mean she lied.

She is going to be in court, correct? Then your attorney can ask her about the differences in the report while she is under oath.

 

[Just Blue]

What reason did your attorney give for not issuing a subpoena for the officer?

 

[satxmarco]

the lack of it being reported does not mean she lied.

She is going to be in court, correct? Then your attorney can ask her about the differences in the report while she is under oath.

She will be there.. It is my understanding that he can't ask her about the report because it is inadmissible because it is from another state.

 

[satxmarco]

What reason did your attorney give for not issuing a subpoena for the officer?

He said that Arkansas was out of jurisdiction.

 

[Mass_Shyster]

Nobody here should be second-guessing an attorney who is familiar with all the facts. I certainly won't.

 

[satxmarco]

Nobody here should be second-guessing an attorney who is familiar with all the facts. I certainly won't.

lol. yet you took the time to reply? bored much? i am asking for advice on a legal matter.. not your personal opinion.

 

[Just Blue]

lol. yet you took the time to reply? bored much? i am asking for advice on a legal matter.. not your personal opinion.

Oh Rude One...

Steve is correct.

 

[Silverplum]

What is the name of your state (only U.S. law)? TX
Hello. Any advice would be greatly appreciated. My soon to be ex-wife took my children from Texas to Arkansas. When she got there, she filed a police report and restraining order against me. She said that she felt threatened and in fear for her life. The local D.A. later had the local police department call her to get a statement. This was a few months after the alleged incident. In her new report she stated that I was "waving a gun in her face" as I threatened her. I am due in court in a few weeks. I am being prosecuted for terroristic threats. My lawyer says there is no way to use the police report she made in Arkansas to prove that she is lying. I think the jury would like to know that two days after she stole my children there was no mention of a gun... however a few months later one magically appeared. My lawyer says that we cannot subpoena the officer she originally made the report with in Arkansas because it is out of state. Does anyone have ANY ideas as to how I can prove she is lying? Thank you for your thoughts.

Steve was correct: you should be relying upon your attorney.

I see you didn't mean it when you wrote, "Any advice would be greatly appreciated."