Harassing ex-wife

[JQ Citizen]

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

I was thinking of a way to harass my ex-wife. I am dating a woman who knows several police officers. If she can get one of her friends to let me make a false statement can I get her arrested? I was thinking of making a stink at the door or have my girlfriend start a fight with her, and if we call 9-1-1, we can probably get her in a lot of trouble. (My girlfriend is a Captain for the Houston Fire Department, so she has some pull)
She is a good mom, just sarcastic and a real know it all.
She frequently imposes her rights of visitation on me. She expects to have our children when ever I am at work, and I just want to teach her a lesson. My girlfriend is with me on this and she feels we should show my ex who is really in charge. The best part is my girlfriend can be a real Bitch when she wants to be, she even broke her first husbands nose once. Any ideas on how we can get her arrested? I was thinking that she might learn her lesson and eventually the case would be dismissed so no big deal right??

I was also going to report unpaid child support, even though it isn't true. I am just trying to show her who is boss.

Besides I think I can play the jealousy card, I cheated on her multiple times during our marriage, and she had the gall to divorce me after 8 months in marriage counseling and not listening. If she would just acknowledge that I cheated on her because it was all her fault things wouldn't be this way.

I am just so tired of her crap? besides I work a lot and my kids are 11 &13 I think they are old enough to take care of themselves, right?

And when all this is over, would she be able to sue me for all the legal expense I cost her? I am only trying to teach her a lesson.

 

[FlyingRon]

We can only advise you that several things you are proposing are crimes.
We can't advise you how to break the law.
Save your fighting for the court room.

 

[CdwJava]

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

I was thinking of a way to harass my ex-wife. I am dating a woman who knows several police officers. If she can get one of her friends to let me make a false statement can I get her arrested? I was thinking of making a stink at the door or have my girlfriend start a fight with her, and if we call 9-1-1, we can probably get her in a lot of trouble. (My girlfriend is a Captain for the Houston Fire Department, so she has some pull)
She is a good mom, just sarcastic and a real know it all.
She frequently imposes her rights of visitation on me. She expects to have our children when ever I am at work, and I just want to teach her a lesson. My girlfriend is with me on this and she feels we should show my ex who is really in charge. The best part is my girlfriend can be a real Bitch when she wants to be, she even broke her first husbands nose once. Any ideas on how we can get her arrested? I was thinking that she might learn her lesson and eventually the case would be dismissed so no big deal right??

I was also going to report unpaid child support, even though it isn't true. I am just trying to show her who is boss.

Besides I think I can play the jealousy card, I cheated on her multiple times during our marriage, and she had the gall to divorce me after 8 months in marriage counseling and not listening. If she would just acknowledge that I cheated on her because it was all her fault things wouldn't be this way.

I am just so tired of her crap? besides I work a lot and my kids are 11 &13 I think they are old enough to take care of themselves, right?

And when all this is over, would she be able to sue me for all the legal expense I cost her? I am only trying to teach her a lesson.

This HAS to be a put on ... I smell a troll.

 

[eerelations]

I am so astonished I'm practically speechless. OP, I don't think I've ever ever come across as big a jerk as you've made yourself out to be...and I've met some real idiots here! I am amazed!

 

[CdwJava]

I am so astonished I'm practically speechless. OP, I don't think I've ever ever come across as big a jerk as you've made yourself out to be...and I've met some real idiots here! I am amazed!

It's not for real ... note some of the things he asks about ... we're having our legs pulled.

 

[JQ Citizen]

Ok, your right it's not for real, here are the real facts.

I am divorced.
I have 2 kids 11 & 13.
My ex-wife wouldn't allow me to get my kids for 4 days during spring break, I told her I would call the police if she didn't give me my kids, her boyfriend gets on the phone and shouts me down and dares me to call the police, so I did.
The responding police asked me how I know this Houston Fire Captain, I say I never met him but he is dating my ex-wife. They inform me the HFD Captain called the Emerg. call center and demanded the officers call him before they get to my 9-1-1 call. They get a chance to talk to him when they call ex-wife, they say he is a real *******.
March 25th my younger son has an event at school and I promised to take him. I text ex in the morning asking about it and she only replys with her concerns and won't answer me. She leaves for work, so I goto her house to get my son.
Her Boyfriend is there, and starts off by screaming at me, his first words "You ain't supposed to be here" I say "you talking to me?" (He's facing sideways 8ft. inside the door)
He says this is being recorded, I say "**** YOU"
He says you here to take your kids to school, I say there is an explanation (My kids go to elementary and middle school) He cuts me off and says "There ain't going to be no explanation" and slams the door.
He calls 9-1-1 to report a home invasion, in the call you hear the doorbell ring, he slammed the door in my face, he even says to the 9-1-1 operator "see he is ringing the door bell now."
Criminal trespass in Texas requires you actually enter someones residence, not merely come to their front door.

After 2 more trys he keeps opening the door to shout at me. At one point he opens the door fully to say to me "Go ahead cross the plane of that door that is all I need you to do" I say "just give me my kids" he lets them out I take them to school. The next week I find out he has a history of spousal abuse and family violence.
I talk this over with people on a legal committee I volunteer for at work, they all talk to their friends, turns out I make contact with one of his co-workers.
His co-worker says stay away from him he is cancer. He calls me the next day to tell me he was just bragging about how I am going to be arrested by one of his HPD friends. My oldest son was standing in the door when I walked up to the door. Both of my kids saw the whole thing. My ex-wife gives a sworn statement that I was in her house, her boyfriend says so.

April 6th,
His cop buddy walks the warrant. April 7th, he and 2 other HPD Tack Unit officers come over to my house to take me in. I am never interviewed or even asked a question. I am held for 10 hours in Houston city Jail. I have 3 different friends post bail within an hour of being arrested I'm still held for 10 hours.
It takes 5 months for the DA to finally talk to my kids on the phone, they both tell him I wasn't in her house, (they were with their mom when this interview was conducted, at her boyfriends house) The case is dropped, I've spent $7,500 on lawyer retainer $750 on a lie detector test, $1,000 in subpoena fees, $365 in bail and runner fees, and will need $1,500 for expungment costs, my employer and my certified job description requires I have no criminal or arrest record. I am prevented from doing work in Canada with an arrest record, it is a customs policy. My employer offers to keep me off any Canadian work until I get it expunged, the cost of overcoming this requirement is high, so waiting 2 years is easier.
One month after my arrest I am served with a lawsuit to modify my child support I have paid the state cap since being divorced in 2005, she is also seeking to modify my visitation.
I take a lucky guess that she is not asking to decrease my child support and won't be offering more legal right to my kids. (turns out I was right)

I receive a letter in the mail from the Texas A/G, that says they will be reporting to credit agencies that I am in arears on child support by more than $3,000. I call and they are surprisingly nice, I am not in a rears, they send me receipt for 5 years worth of on time never late fully paid child support. But since the process is so set up to attack I get a letter every month reminding me to pay my child support, I pay directly to the state, they in turn pay it to her.

The sickest thing about this is I am the more involved parent, always have been. She works 12 hour shifts and works a lot, she worked a full schedule and earned $18,000 at a second job, her lawyer is suing me to pay her legal bills. (I know this from discovery) she made including child support $101,000 in 2009.
And finally she cheated at the beginning of our marriage (told me toward the end), and with a pastor from our church at the end. Oh I almost forgot it was all my fault, and I needed to get that through my head.

So can I sue her for the false criminal charge? and does anyone know a lawyer in Houston who will handle the case.
My legal bills with the family stuff are out of control, I'm pushed through the $30,000 barrier with no real end in sight.

Thanks for your replies, and yes this is as accurate as I can tell it.

 

[eerelations]

You have made yourself look even worse with your "true" post. I am sooooo glad you're not allowed into Canada!

 

[JQ Citizen]

You have made yourself look even worse with your "true" post. I am sooooo glad you're not allowed into Canada!

Can you elaborate, seriously.

Help me to distinguish what makes me undesirable to Canada?
Was it because I called 9-1-1 after being told to call 9-1-1?
I was arrested for not committing a crime?
I spend more time with my kids?
I have paid $103,000 in child support over 5 years, never late.
I have been verbally abused by a wife beater? he says he broke his wife's nose accidentally.(I don't believe it)
Please help me to be a better citizen because in March of 2013, I'll be able to travel into Canada. I am not prevented from traveling to Europe, or any of South America, or Asia, where currently I am required to go
Now you might assume I am away a lot because I travel with work, Honestly I'm not I'm a Pilot, I fly there I sleep in hotel I fly back.
Wait is it because I married a home wrecker? I should have just apologized to her for feeling the need to sleep with married men?
Can I make amends by apologizing to the men she has slept with will they ever forgive me?

Although my statements sound sarcastic I will accept a serious answer, heck even a sarcastic one.

 

[CdwJava]

Have you consulted any attorneys? What you really need here is an attorney to sort through this morass. I know that you say she is being a witch and her boyfriend is playing the system against you, but it is very likely that their account is radically different than yours.

So, consult an attorney to help you out with this.

 

[JQ Citizen]

Have you consulted any attorneys? What you really need here is an attorney to sort through this morass. I know that you say she is being a witch and her boyfriend is playing the system against you, but it is very likely that their account is radically different than yours.

So, consult an attorney to help you out with this.

Well my criminal attorney in the original matter offered to help me through the Internal Affairs part then told me $5,000 retainer, I was already over $10,000 with the family law matter. In my counter petition I have requested custody, the cost is prohibitive. My legal battles are already over $30,000, and moving quickly toward $40,000.
I have made some calls to Law offices and the response sounds luke warm. One law firm even sent me a letter describing they would not have time to prepare for the complexity (I took that to mean they could see my rainy day fund was probably too drained) for my case, and therefore declined representation, they did include contact information to the ACLU, I submitted a complaint online. Also the Texas Attorney Generals office, no reply back.

I have filed a complaint with I/A they have responded (I have received 2 intimidating calls from the officers Sgt. who has no interest in the facts of the case but has told me I need to quit causing trouble). I sent a packet along with 9-1-1 recordings to the Office of Inspector General, He called and initially said this occurred while the Fire Fighter was off duty, so little he could do, but he would forward my complaint to I/A. I did have an Attorney recommend calling the FBI for a civil rights complaint, i have done that but I have made 2 follow up calls and it sounds like I am being glad handed along the crazy citizen route.

I am trying to be careful hoping some agency will pick up my matter and see it through to justice. I being a father seeking custody of my kids, am concerned about being seen as mean spirited to my ex-wife. I believe a letter from I/A confirming my illegal arrest will help in a civil case. I am not trying to profit from this, I just want to be back where I started hoping my ex-wife will give up this stale mate. Her communication with me is ridiculous.

Sad part is I will probably end up in small claims court suing for my legal fees in the criminal matter, and the crimes committed by my ex-wife will be ignored.

 

[stinastina]

What a mess.

 

[CdwJava]

I'm not sure how this is an "illegal" arrest when they apparently acted on an arrest warrant. Your beef is with the boyfriend and the x.

 

[JQ Citizen]

I'm not sure how this is an "illegal" arrest when they apparently acted on an arrest warrant. Your beef is with the boyfriend and the x.

Well you are right, but the arrest took place because of the x and the boyfriend. Under deposition October 30th, the boyfriend admitted to being lifelong friends with the officer who walked my warrant. In bragging to an anonymous witness he says his police friend asked when do you want him gone and how long to you want me to keep him. Then the officer personally executed my arrest for a misdemeanor warrant.

I was told by 2 different criminal attorneys that there was no need to arrest me. I could have been give a non-arrest warrant. I could have been called and questioned. I have also tried to research police procedure, I have come across the presence requirement, insofar as an officer is not supposed to effect a misdemeanor arrest unless he is present when the misdemeanor was committed.
However I am also unsure that, if a police officer friend says I need you to make a sworn statement. Does the statement obligate the officers to make an arrest without investigation. If I was called I would have driven to the police station to turn my self in. I am 40 years old I have never been arrested, or committed any crime beyond speeding.
Was it necessary to arrest me, and I did not enter her home.
Is there anyway I can upload the 9-1-1 call?

 

[CdwJava]

Well you are right, but the arrest took place because of the x and the boyfriend. Under deposition October 30th, the boyfriend admitted to being lifelong friends with the officer who walked my warrant. In bragging to an anonymous witness he says his police friend asked when do you want him gone and how long to you want me to keep him. Then the officer personally executed my arrest for a misdemeanor warrant.

Unless the officer somehow lied or committed some other unlawful act, the affidavit and warrant were reviewed by a judge for probable cause and issued.

Probable cause is a relatively low burden of proof to meet.

I was told by 2 different criminal attorneys that there was no need to arrest me. I could have been give a non-arrest warrant. I could have been called and questioned.

Yes, but I suspect they did not state that the arrest was unlawful. All because other options are available does not mean that they must avail themselves of them. If I have the option of issuing a citation or making a custodial arrest on a warrant I typically make the custodial arrest. Whether the officer was a friend of the complainant or not is not entirely relevant unless the officer acted unlawfully.

I have also tried to research police procedure, I have come across the presence requirement, insofar as an officer is not supposed to effect a misdemeanor arrest unless he is present when the misdemeanor was committed.

That is for a WARRANTLESS arrest.

Was it necessary to arrest me, and I did not enter her home.
Is there anyway I can upload the 9-1-1 call?

What statute were you arrested for? It may well be that entry of the home is not required. Trespassing may be complete once you are told to leave the property and you refuse. No criminal trial does not mean the arrest was bad only that the state did not want to pursue it for whatever reason. Maybe they did not like the attitude of the victim, maybe they saw a stinker of a case - who knows?

 

[JQ Citizen]

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;


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. He (boy friend) was not being harassed, I wasn't expecting a confrontation.
My son was honest and I did not coerce him to lie. The reason I say this is I understand that as the accused I probably will be received with doubt.
I need to add not only did my accuser not in any way ask/tell/shout/ for me to leave, 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.

I should also add, I never had a acrimonious relationship with my ex-wife not at all during 5 years of being divorced. I now have a disaster to deal with.