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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113397
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was charged with prowling at my kids home where i use to

Customer Question

i was charged with prowling at my kids home where i use to live with my ex wife a home we both own and i drive by to see if theyre home bc she keeps the kids from me bc she says she scared of me and doesn't trust me with them, and i want them with me if they arent with her so when i call to see i get voicemail after a couple calls and don't gey a response i drive bye
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: ca, and i have court order that i get them 3 weekends a month and every other holiday
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: she says I poisoned her coffee the last time her the kids and myself went to the giants game with meth and insist its me only me
Submitted: 3 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, this can be deemed stalking if you are going there with no legal purpose other than to harass. If she is not allowing you to have visitations, the way to handle this is you have to go to court and file a motion for contempt of court. If you both own the home and there is a court order giving her possession of the home, you do not have rights to be there. However, if there is no such court order in place to keep away from them or the home, it is not illegal for you to go to the property
In most of these cases the DA will not pursue charges, but you must have an attorney and they need to file the motion for contempt against her for denying visitation and also to negotiate with the DA to show this is a custody issue and she is simply using the system.
Make no mistake though, such self help as you described by driving over there is not how the courts want you to legally handle these situations, they want you to file a motion for contempt and bring the matter back into court.
Customer: replied 3 months ago.
thank you so the house is to be sold and split 50/50 so she begged me to let them stay their or buy me out and i never pursued selling.we had an intimate relationship even after our divorce up until last month and than we stopped bc of her dating and i just left it at that.and than she says she doesn't want me
to bother her or contact her or go to any sporting events of my kids bc i scare her and claims I poisoned her coffee
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your reply.
At this point, self help is not good if she is accusing you of these things, especially if they are false (because that could indicate she has mental health issues as well). At this point, you need to go to court and file a motion for an order to show cause for contempt and get the court to force her to allow visitation or even ask the court to change custody based on her psychological issues or make her get a psych evaluation.