What to do

[Abe Froman]

What is the name of your state? TX
Some of you may have read previous questions and/or concerns over my current ****uation, so I’m not sure how much background info is needed. Please forgive me if it's too much or not enough.

Nov. 5 my girlfriend I was living with decides she needs to call 911 to tell them her ex boyfriend is in her house is taking her things and pushing her around, literally. Of course I don't agree with that statement and am tip toeing my way through the judicial process.

After a motion to modify an order to allow someone go get my things on my behalf, I retrieved most of everything but not all of it. Of course she claims it's not there or something to that effect. I have been extremely careful not to force the issue, even with asking for the remaining things which I simply sent her mother an email for. But, not luck, not even a response. I have only sent that one request and it was about a month ago.

Now, my question(s)

Can I take her to small claims court before the criminal trial?

If yes to above, do I wave my right to take the 5th by testifying in a small claims hearing?

Can I subpoena someone as a witness, specifically a volunteer for a women's support center that witnessed my ex claim she knew nothing about some items I say she did know about?

And, regarding that last item, it is two pair of shoes she asked me to buy for her the night before she made the claim. I think the total of both of them was around $200. She asked if I would buy them while we were at the store and in front of my 11 year old daughter who witnessed her ask me. She asked if I would and she would pay me back that next Friday when she got paid. I'm an idiot, I said, "ok". (Funny, she never ever did anything like that before in her life, until the eve of calling 911 and say**************.). Can I have my now 12 year old daughter testify, even if I have to pull her out of school to do it?

Thanks!

 

[JETX]

Can I take her to small claims court before the criminal trial?

Yes.

If yes to above, do I wave my right to take the 5th by testifying in a small claims hearing?

If you want the court to hear YOUR version, yes.

Can I subpoena someone as a witness, specifically a volunteer for a women's support center that witnessed my ex claim she knew nothing about some items I say she did know about?

Yes.

Can I have my now 12 year old daughter testify, even if I have to pull her out of school to do it?

Yes. However, her testimony would be of little or no benefit as she would be seen as a clearly biased 'witness'.

 

[Abe Froman]

Follow Up

This may be for the criminal forum, but is the defendant’s statement in small claims court admissible in a related criminal case? Understand, I don't understand the process and I am merely guessing that a small claims case and a criminal one could be related procedurally.

If the statements are in fact admissible, in TX, and I can prove something in small claims court visually that no reasonable person would dispute and was a motivating factor for keeping at least one of my things, is that evidence admissible in the criminal case against me? Additionally, and regarding this one item (comp. hard drive), my ex admitted to having it on a phone call during a time that she had been loaned a device to record our phone calls. Can I subpoena those audio tapes from the DA for a small claims court considering she admits to having the item on one of our calls? In addition to simply wanting it as proof of her having it, it also will show she purgered herself in the criminal case as she told a JP during a hearing that she did not have this item and never did have it, in fact. The loop hole there is, and one reason I now have a new attorney, the hearing was very relaxed and no one was sworn in nor was there a court reporter, hence my question about subpoenaing the volunteer.

One more and I'll quit, I promise. With regards to summoning the volunteer to testify to the fact she saw my ex say she didn't have it, is it normal or advisable or not to simply call this person myself and ask if she would be willing to give a statement for a small claim proceeding to that effect.

Because I am quickly learning how vicious those groups can be, I don't expect cooperation, at least from where I'm standing. But I do have the truth on my side in both situations so that's gotta be worth something.

By visually, I mean moving pictures.

 

[uncc23]

abe froman the sausage king of chicago...lol you reminded me of that movie