Theft and destruction of property of exes things in joint home

[joey12643]

What is the name of your state (only U.S. law)? Texas

My ex wife filed a police report yesterday stating that I destroyed her clothing and popped her tires. She told me that she had evidence consisting of text messages and photos of the damaged property. All the alleged destruction and theft took place in a jointly owned home. She told me before that if I didn't give her $2500 that she would go to the police and that I couldn't see my children. With that being said, I am a public servant and having anything on my record I would lose my commission. Because I want to continue to see my children and can't afford to lose my job I paid her some of the money. I didn't do any of the damage. What are my options?

 

[CavemanLawyer]

I guess your options are to pay her the rest of the money and hope that satisfies her so that she doesn't file a police report, or you take your chances with a possible police investigation. Do you have any affirmative evidence that might help you convince your ex or a detective that you really didn't do this crime? There are never any guarantees but many offices have a policy where private payment of some or all of the damages caused by a property crime preclude criminal charges. In other words, if the victim requests restitution from the actor outside of a criminal case and the actor does pay, the DA's office assumes that the matter is now a civil issue. Again... no guarantees.

Also just to clarify, the charge that would apply here is criminal mischief and if the value of the loss or amount required to repair exceeds $1500 then this would be a state jail felony. The fact that the property was in a jointly owned home or even that you might have had a community property interest in some or all of the property is not a defense.

Sec. 28.03. CRIMINAL MISCHIEF. (a) A person commits an offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys the tangible property of the owner;

(2) he intentionally or knowingly tampers with the tangible property of the owner and causes pecuniary loss or substantial inconvenience to the owner or a third person; or

(3) he intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner.Sec. 28.05.

ACTOR'S INTEREST IN PROPERTY. It is no defense to prosecution under this chapter that the actor has an interest in the property damaged or destroyed if another person also has an interest that the actor is not entitled to infringe.