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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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Regarding Criminal Harrassment and Criminal Trespassing in

Customer Question

Regarding Criminal Harrassment and Criminal Trespassing in Texas:

My soon-to-be ex wife (we have been separated for a year) and I recently had a major disagreement over our 11-year-old daughter, who said she wanted to come live with me permanently. Since the disagreement, my ex has taken it upon herself to begin to harrass my girlfriend (of 8 months), including calling her multiple times a day, leaving harrassing voicemails, and sending harrassing text messages. My girlfriend has stopped responding to the harrassment, which only seemed to make it worse. Today, she showed up at our (mine and my girlfriend's) house and banged on the door, screaming.

My girlfriend is beside herself because she also has a child from a previous relationship, and we are not sure what our courses of action would be. How much of this would we/she have to take before we could call authorities? What kind of evidence/proof would we have to submit in order to take action? Any help is GREATLY appreciated.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Your girlfriend could petition a district court for a no-contract order to be issued against your ex-wife. The proof required would be found in the text messages.
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- Based on what you have said you have "taken" enough from your wife. I would suggest that your girlfriend file for a restraining order against your wife to keep her away from your house. If you have any independent witnesses that would certainly help but generally stating the facts as you have to me would be sufficient to obtain an order of protection.

 

I would not continue to permit this situation to escalate any more than it has to this point. The issue with your 11 year old is a separate matter. At 11 she is not old enough to choose where she wants to live so that would be up to the court to decide what is in the best interests of the child. In any event, nothing warrants your wife acting in this manner and your girlfriend needs to get a restraining order.

 

Dave Kennett

Customer: replied 5 years ago.

Dave,

 

Thank you for your response. Should she show up at our home again before my girlfriend has obtained a restraining order, would it be an overreaction to call the police at that time? As you said, I do not want the situation to escalate further (and calling the police on her wouldn't exactly put my ex into a pleasant mood), but I also want to look out for the safety of those around me.

Expert:  Dave Kennett replied 5 years ago.

I see no reason why the police shouldn't be called. I think it is best if your girlfriend makes the call since she is a third party but you can also call. This is really close to domestic violence so the police should respond. If you wait to make the call to the police and your wife decides to call then you could actually be the one charged. I've seen this happen more often than you would believe. The guilty person makes the call and the other party is the one arrested.

 

Dave

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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