a slap on the wrist in Texas

[Confused Tx Dad]

I will try to summarize this as best I can.. Several months ago, my ex's mother was jerking on my 11 year olds arm in anger, attempting to get him away from me while dropping him off during custody exchange. He was crying and didn't want to go. She grabbed his arm from behind my back and began pulling. After the 2nd jerk, I slapped her wrist away. She called police. Family Violence detective was involved and refused to persue. She then file Class C packed with municipal court. Another dead end so she filed civil suit.

Unfortunately, I'm forced into the pro se category due to finances. Now for my question..

I just realized that although I supboenaed both the officer and detective, and their notes, I did not submit the police report in discovery.

Court date is TOMORROW!

How shall I at least attempt to provide this as evidence? What are the procedures for presenting "evidence" in this fashion?

Yea, I'm lost but she really has no case.. I hope..

 

[Proserpina]

I will try to summarize this as best I can.. Several months ago, my ex's mother was jerking on my 11 year olds arm in anger, attempting to get him away from me while dropping him off during custody exchange. He was crying and didn't want to go. She grabbed his arm from behind my back and began pulling. After the 2nd jerk, I slapped her wrist away. She called police. Family Violence detective was involved and refused to persue. She then file Class C packed with municipal court. Another dead end so she filed civil suit.

Unfortunately, I'm forced into the pro se category due to finances. Now for my question..

I just realized that although I supboenaed both the officer and detective, and their notes, I did not submit the police report in discovery.

Court date is TOMORROW!

How shall I at least attempt to provide this as evidence? What are the procedures for presenting "evidence" in this fashion?

Yea, I'm lost but she really has no case.. I hope..

Could you please clarify?

You were dropping him off, and he didn't want to go. For whatever reason you did not deliver him directly yourself.

Mom then reached around you and grabbed and pulled on his arm.

You then slapped HER wrist away.

Is that more or less what happened?

 

[ecmst12]

I think mom was dropping child off TO dad.

Either way, the defendent doesn't have to prove anything, the plaintiff does.

And police reports are not admissible evidence anyway. The officer's testimony is the appropriate evidence.

 

[Confused Tx Dad]

Sorry I wasn't very clear..

I was dropping his off at mom's house but grandma was there to accept him. He didn't want to go back to mom's so he was holding on to me for dear life, crying profusely. Grandma [mom wasn't home] came out and grabbed his wrist and began attempting to pull him away from me. My 11 yr old clarified to the police that I was not holding on to him - he was holding on to me, and that "grandma was hurting my arm". This is stated in the police report. I subpoenaed him but I didn't submit the actual police report during discovery, which I intend on using.

It that even relevant since the officer will be there himself?

 

[Confused Tx Dad]

I think mom was dropping child off TO dad.

And police reports are not admissible evidence anyway. The officer's testimony is the appropriate evidence.

Thank you!

 

[Proserpina]

Respectfully, does your son suffer from any psychological/mental condition?

 

[Confused Tx Dad]

Respectfully, does your son suffer from any psychological/mental condition?

No, he does not. He's a bright, class honors, athletic kid. However, 3+ years of daily negative remarks by both mom and grandma about his dad, whom he is very close to, can and does take its toll on a child. Depressed at times, yes. To the point of "depression" or psychological disorder.. not yet...

 

[Proserpina]

No, he does not. He's a bright, class honors, athletic kid. However, 3+ years of daily negative remarks by both mom and grandma about his dad, whom he is very close to, can and does take its toll on a child. Depressed at times, yes. To the point of "depression" or psychological disorder.. not yet...

Thank you for being honest; as ever, there was a reason why I asked the question, Dad.

It is not normal for an average 11 year old to act up like that during pickup and dropoff. 3 or 5, maybe? Sure. But 11? Not so much. At 11, if he's creating a scene, it should be a case of giving him "the look", and saying "You're going to Mom's/Dad's, have a good time, I'll see you <whenever>" and marching him right over to where he's meant to be. End of story.

So...screaming and crying? Clinging on? It is entirely possible that you're being manipulated. Either that, or he's being damaged so much by the contentious relationship between his parents that he needs counseling.

It might be time to look at what's really going on, Dad.

 

[Confused Tx Dad]

So...screaming and crying? Clinging on? It is entirely possible that you're being manipulated. Either that, or he's being damaged so much by the contentious relationship between his parents that he needs counseling.

It might be time to look at what's really going on, Dad.

While he may tear up from time to time, he has gotten to the point of holding on to me (hugging tightly) and crying, only twice. The first time, his mom told him he was acting like a baby while grandma was telling him he's being childish. He seems completely fine on the 2nd and 4th Friday mornings, and only a little down after the long weekends (Thur after school thru Monday before school). It's when he is with me for extended periods of time when he sometimes gets like this. In this case, it was 2 weeks. The time before, about 18 months ago, 3 weeks.

This isn't common behavior at all, but again, he does get down a few hours before returning to his moms after extended time with his dad.

 

[Confused Tx Dad]

And police reports are not admissible evidence anyway. The officer's testimony is the appropriate evidence.

Well, I learned in court today that this is not true afterall. Both the reporting officers testimony and the investigating detective's testimony are also considered "hearsay". How does one get truth into the court system?!

 

[Proserpina]

Well, I learned in court today that this is not true afterall. Both the reporting officers testimony and the investigating detective's testimony are also considered "hearsay". How does one get truth into the court system?!

Well, if they witnessed the event and testified to what they witnessed it would not be hearsay.

But in this situation they can only testify to what they were told; I can understand how it would be deemed "hearsay".

 

[Confused Tx Dad]

now I am even more confused. I just checked on the courts web site and saw this latest entry:

02/13/2012 Final Hearing (9:00 AM) (Judicial Officer Becker, Scott J.)
03/02/2012 Show Cause Hearing (9:30 AM) (Judicial Officer Becker, Scott J.)
if order is not submitted by 3/1

What does this mean?

 

[Confused Tx Dad]

now I am even more confused. I just checked on the courts web site and saw this latest entry:

02/13/2012 Final Hearing (9:00 AM) (Judicial Officer Becker, Scott J.)
03/02/2012 Show Cause Hearing (9:30 AM) (Judicial Officer Becker, Scott J.)
if order is not submitted by 3/1

What does this mean?

There was a request for a reatraining order. They requested a TRO back in August but they retracted the request the very next day.

Does the above mean the judge wants to hear WHY there should be a retraining order? He heard all of her hype in court today. Think he's realizing that this woman is a psycho afterall, or is this just wishful thinking on my part?