Harassing ex-wife

[CdwJava]

CdwJava, thank you for the answers.

I was charged with Criminal Trespass.
Copied here in part, the rest of the description is fences, markings signs etc.

Sec. 30.05. CRIMINAL TRESPASS. (a) A person commits an offense if he enters or remains on property or in a building of another without effective consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or someone with apparent authority to act for the owner;

I suspect that he alleges he told you to leave and you failed to do so.

My criminal Attorney interviewed my son, and I have a video of it, (My witness) He never told me to leave, and as soon as I had my kids I left.

And he will simply say that the son is mistaken.

In any event, if he alleged that you failed to leave, then the warrant and the arrest are perfectly lawful. Proving beyond a reasonable doubt that he never asked you to leave is not likely. The "he said, he-said" nature of the event is likely what got it tossed out in the first place. But said tossing is not grounds for civil action against either the police (who acted on a judge's command) or against the ex's boyfriend.

his last tirade was opening the door and saying go ahead cross the plane of that door that is all I need you to do, and he said it 3 times. To me it is obvious he is capable of harming others without considering the consequences.

Well, he was willing to allow you to enter the residence so that he would have (or so he believed) legal justification to thump you or worse. Fortunately you did not allow it to get that far.

There is no magic pill to resolve this. About all you can do that I can see is follow the rules that have been laid out in court orders, video tape any and all contacts, challenge any attempts to obtain more money or modify visitation, etc.

 

[JQ Citizen]

CdwJava,

Thank you, your answers are helpful.

I have to add the fact that I had a court order to be at her house and get my kids, I left when I had them.

I realize what you are saying insofar as the Judge issued the warrant, however he issued the warrant based on the arresting officers explanation of the facts, who is a party to the action against me.

So I guess I am wondering if the Judge is lied to and the Judge makes a decision we pretend it has the blessing of the Judge so a lie becomes the truth. (I would have no problem with an arresting officer and accuser being friends if an actual law was broken)
Does it help to have a phone recording between me and the FireFighters co-worker where the co-worker says when he bragged about his friend arresting me and the officer asked when do you want him gone and how long do you want him gone for.

I am reading between the lines and see the hurdles designed to protect the innocent, and police in general. However it seems a Police officer who works within these hurdles seems well equipped to sneak over the hurdles and get away with a lot.

I should add 2 25+ year attorneys said HPD officers walking Misdemeanor warrants is just not done. The City of Houston has plenty of real crime to deal with.

 

[CdwJava]

CdwJava,

Thank you, your answers are helpful.

I have to add the fact that I had a court order to be at her house and get my kids, I left when I had them.

But, that doesn't trump any and all other accusations of criminal activity. One option would have been to remain on the sidewalk until the exchange occurred, or to call the police to help enforce the order.

Not saying that what he did was right, but that there is an argument to be made for another perspective.

I realize what you are saying insofar as the Judge issued the warrant, however he issued the warrant based on the arresting officers explanation of the facts, who is a party to the action against me.

You will have to show that the officer intentionally and knowingly lied on the affidavit. As I understand how these often work in TX the officer pretty much just reiterated the claims made by the complaining party.

Friend of the complainant or not, unless the officer lied on the affidavit the officer is blameless from that angle.

For instance, if I take a report from a friend of mine (not uncommon in a small town like mine) I am not committing any form of malfeasance if I write the report, walk it to the DA and then walk the signed request for a warrant to the court. It might not be the best idea if this is a close friend, but it is not unlawful in any way.

Does it help to have a phone recording between me and the FireFighters co-worker where the co-worker says when he bragged about his friend arresting me and the officer asked when do you want him gone and how long do you want him gone for.

If you had the officer saying that it would be great ... third hand, it's pretty much worthless.

Read the affidavit. I suspect it will contain language alleging what the officer was told by the complainant and not an allegation of first hand knowledge of such statements by the officer unless he was actually present.

Again, your beef is with the ex and the boyfriend - don't try to take on the world when you really need to be fighting the root cause.

I should add 2 25+ year attorneys said HPD officers walking Misdemeanor warrants is just not done. The City of Houston has plenty of real crime to deal with.

Once again, because it is not commonly done does not in any way make it unlawful or improper.

I, too, might consider doing a favor for a friend and expediting some legal process when it is not a common practice. Not being common does not mean it is unlawful ... though it might be improper.