Bubbleebit
Junior Member
What is the name of your state?What is the name of your state? Texas
Last year my brother divorced his wife of 10 years. Before the divorce was final she filed some bogus abuse charges against him. He was arrested and had to spend a couple of days in jail before we were able to bond him out. A few weeks later they went to another court to finalize their divorce - my brother got full custody of their 3 kids. When they went before the judge, for the preliminary hearing for the abuse charges, she got on the stand and admitted she lied about the charges, she was just trying to get leverage against my brother to help her get custody of their kids, she made it all up. The charges were dismissed with prejudice.
She moved away, keeping in touch with my brother and the kids only occasionally by phone. She'd been leading my brother on, acting like she wanted to get back together with him and become a whole family again, the entire time she's been gone. Last month my brother found out that she'd been lying to him once again, and was continuing to live the horrible lifestyle that led to their divorce in the first place. So when she called my brother and didn't even ask to visit with the kids before she started flirting with him, my brother got angry and told her to leave him and the kids alone, he never wanted to see her face again, and that as far as he was concerned she was dead to him... She recorded the conversation, took it to the police and filed charges against him again. This time she filed for a protective order and had the police charge him with some 'terrorist' crime for making threats of violence over the phone. He was arrested again and had to spend two days in jail again. Just this monday he had to go 9 hours away to the county where she's now living (he didn't even have a clue where she was until he got served to appear in court) to appear for the protective order. Before court the District Attorney called him aside to talk to him about the issues. My brother admitted the things he said on the phone were stupid, but that he was reacting out of pain and desperation. He expressed his sorrow and embarassment and told the DA he had no desire to harm her in any way, shape or form - that he just wanted her to leave him alone. The DA expressed his concern saying something about her and her story wasn't "quite right." My brother told the DA about the bogus charges she'd brought against him before. He told my brother he wanted to investigate further, to see if that was true and if so he'd drop the charges against my brother and wouldn't see the need for the protective order (he clearly didn't believe she was in imminent danger from my brother either). She was noticably upset when the DA asked the judge for a two week continuance to investigate.
Wednesday my brother answered his door to find 2 police officers waiting to arrest him AGAIN (another 2 days in jail)! He was arrested twice within 2 weeks!! This time she's claiming that my brother sent her a threatening email!!! Now, everything is going my brother's way, it seems, with the court on monday - why would he get home that night and send her a threatening email - written PROOF against himself in an ongoing case and incriminating himself in another?!? Well, he wouldn't - he's not that stupid! And I know upon investigation (all they'll have to do is look up the IP for God's sake) he'll be found innocent.
But here's my issue - she's literally costing my brother thousands of dollars in missed work, bail, and court charges - not to mention the cost of the gas and motel to drive down and appear in court. Its having a profound psychological effect on both him and the children. What legal recourse does he have to protect himself from these repeated bogus charges against him? Is he going to have to go to jail every time she gets a wild hair and decides to come up with some more charges against him? How can he protect himself??? And does he have any way to recover any of his expeses from her? She's harassing him with the help of the legal system!
Last year my brother divorced his wife of 10 years. Before the divorce was final she filed some bogus abuse charges against him. He was arrested and had to spend a couple of days in jail before we were able to bond him out. A few weeks later they went to another court to finalize their divorce - my brother got full custody of their 3 kids. When they went before the judge, for the preliminary hearing for the abuse charges, she got on the stand and admitted she lied about the charges, she was just trying to get leverage against my brother to help her get custody of their kids, she made it all up. The charges were dismissed with prejudice.
She moved away, keeping in touch with my brother and the kids only occasionally by phone. She'd been leading my brother on, acting like she wanted to get back together with him and become a whole family again, the entire time she's been gone. Last month my brother found out that she'd been lying to him once again, and was continuing to live the horrible lifestyle that led to their divorce in the first place. So when she called my brother and didn't even ask to visit with the kids before she started flirting with him, my brother got angry and told her to leave him and the kids alone, he never wanted to see her face again, and that as far as he was concerned she was dead to him... She recorded the conversation, took it to the police and filed charges against him again. This time she filed for a protective order and had the police charge him with some 'terrorist' crime for making threats of violence over the phone. He was arrested again and had to spend two days in jail again. Just this monday he had to go 9 hours away to the county where she's now living (he didn't even have a clue where she was until he got served to appear in court) to appear for the protective order. Before court the District Attorney called him aside to talk to him about the issues. My brother admitted the things he said on the phone were stupid, but that he was reacting out of pain and desperation. He expressed his sorrow and embarassment and told the DA he had no desire to harm her in any way, shape or form - that he just wanted her to leave him alone. The DA expressed his concern saying something about her and her story wasn't "quite right." My brother told the DA about the bogus charges she'd brought against him before. He told my brother he wanted to investigate further, to see if that was true and if so he'd drop the charges against my brother and wouldn't see the need for the protective order (he clearly didn't believe she was in imminent danger from my brother either). She was noticably upset when the DA asked the judge for a two week continuance to investigate.
Wednesday my brother answered his door to find 2 police officers waiting to arrest him AGAIN (another 2 days in jail)! He was arrested twice within 2 weeks!! This time she's claiming that my brother sent her a threatening email!!! Now, everything is going my brother's way, it seems, with the court on monday - why would he get home that night and send her a threatening email - written PROOF against himself in an ongoing case and incriminating himself in another?!? Well, he wouldn't - he's not that stupid! And I know upon investigation (all they'll have to do is look up the IP for God's sake) he'll be found innocent.
But here's my issue - she's literally costing my brother thousands of dollars in missed work, bail, and court charges - not to mention the cost of the gas and motel to drive down and appear in court. Its having a profound psychological effect on both him and the children. What legal recourse does he have to protect himself from these repeated bogus charges against him? Is he going to have to go to jail every time she gets a wild hair and decides to come up with some more charges against him? How can he protect himself??? And does he have any way to recover any of his expeses from her? She's harassing him with the help of the legal system!