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My ex wife and I have been divorced for 6 years. I acquired…

My ex wife and I...
My ex wife and I have been divorced for 6 years. I acquired physical custody of our children 2 years ago. we still have joint legal custody here in TX. We are both remarried. She has made our lives hell for almost 2 years. Here in the last few months she has become beyond unstable sending 200+ texts at a time to my wife, just nasty and profane things. She harassed her coworkers, creates fake phone numbers and social media accounts to harass her. I don't have Social Media or she would do it to me also. Recently we started talking to an old friend of her who states my ex-wife currently still does the same to her. She said my ex drinks and takes pills and this is what happens. She also told us that a statement my ex and her lawyer submitted to the court 2 years ago, using her old friends name and signed by her old friend, was forged. This girl had no clue about the statement and has never seen it until we showed it to her. My son is currently there because he wanted to stay with his mom. Now, He is there because she had him saying that my wife beats him and threatened CPS and crap against us. All the other kids can vouch that my wife never disciplines him for fear of what his mom would do. She has filed false CPS reports on us before only 3-4 months ago. We have been to court, filed police reports, she has failed court ordered drug tests and nothing. We feel like we are living in prison and see no way out. We have no idea what to do. Sadly this is only the quick version of what our life consists of. I have all of the texts and emails she has sent us.
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Answered in 19 minutes by:
8/2/2016
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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Hello

This is Samuel. I am sorry to hear of this situation. I suggest you consider filing Criminal Harassment charges against her.

Under Texas law Criminal Harassment under 42.07 is defined as:

(a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, the person:

(1) initiates communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene;

(2) threatens, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of the person's family or household, or the person's property;

(3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury;

(4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another;

(5) makes a telephone call and intentionally fails to hang up or disengage the connection;

(6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section;  or

(7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.

(b) In this section:

(1) “Electronic communication” means a transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic, or photo-optical system.  The term includes:

(A) a communication initiated by electronic mail, instant message, network call, or facsimile machine;  and

(B) a communication made to a pager.

(2) “Family” and “household” have the meaning assigned by Chapter 71, Family Code.

(3) “Obscene” means containing a patently offensive description of or a solicitation to commit an ultimate sex act, including sexual intercourse, masturbation, cunnilingus, fellatio, or anilingus, or a description of an excretory function.

(c) An offense under this section is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the actor has previously been convicted under this section.

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And so if the police will not assist in taking this report, you can go the Magistrate in your county and file a Statement of Charges to have her served.

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When your wife fills out the statement of charges, I suggest she refer to the verbiage in number (7) in the law as I have highlighted and that she states, the messages, contact, etc is "annoying, harassing, tormenting and causing alarm to her welfare and that of her family."

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Additionally, you can also file a Contempt of Court on her communications outside of TalkingPArents.com as that is in violation of the court's order. You can get that form from the clerk of the court where the order was issued.

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So with your wife filing the criminal harassment charges and you filing a contempt/show cause proceeding maybe that will help her to cool her behavior.

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If I've missed anything that you needed or you have other questions, please let me know here. Otherwise, a Positive rating ensures I get credit for my time. Also, please note I DO NOT participate in phone calls offered by this site and if you have other questions, you should post them here. Thanks.

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,012
Experience: Handle criminal matters in both state and federal courts.
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Samuel II and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 year ago
We have tried with contempt of court, its just a lengthy and costly process that only seems to intensify her behavior. We have not tried or heard about using the magistrate which I will certain look into. Nothing we do seems to calm her down due to substance use issues. What can we do about her creating and signing a statement that was notarized by her attorneys office that was never signed or given by the person whose name is ***** *****?

Ok. So tell me again about the statement? Whose name is ***** *****? Did she forge a signature?

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You talking of the document from 2 years ago? Was that also in Texas?

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Customer reply replied 1 year ago
The name is ***** ***** friend of hers. It is signed and notarized with that persons name. The former friend says she never made the statement or saw it, let alone signed it. Yes this is a statement against me that was submitted by her lawyer into the court during out custody case 2 years ago. I would think that would be illegal and capable of charges by itself. Also the lawyer is known for doing these kind of "shady" things. Could he be subject to discipline under Texas Bar Association?

If in Texas, the statute of limitations to file charges and prosecute is 10 years. I suggest, you would need to talk to the person whose name was forged and ask them to file criminal charges on it. And if the attorney was privy to the forgery then I suggest filing a Complaint with the TX bar is appropriate.

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If your reputation was hurt to the point of financial ruin by the forged document, you can sue your ex wife for defamation of character.

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I apologize for the delay in my responses to your latest inquiries. I had to step away from my computer. And thank you for the rating and generous bonus. Any further questions on this matter, you can continue to post them here. Thank you.

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Customer reply replied 1 year ago
No my reputation was not ruined or anything. She just tried to make up accusations that I choked her 8 years ago, which is the first time she has ever even tried to say something with this. I have documentation from the military showing I was out of state at the time. So this person can file criminal charges? the person lives in Virginia, what charges would it be?

Thanks. I understand. So the "friend" needs to file criminal charges. And if the attorney is aware that his client forged the signature, then that is reportable to the Bar Association.

If the forgery happened in Texas, she needs to have the charges filed in Texas.

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Here is the Texas Penal Code on Forgery

Sec. 32.21. FORGERY. (a) For purposes of this section:

(1) "Forge" means:

(A) to alter, make, complete, execute, or authenticate any writing so that it purports:

(i) to be the act of another who did not authorize that act;

(ii) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or

(iii) to be a copy of an original when no such original existed;

(B) to issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of Paragraph (A); or

(C) to possess a writing that is forged within the meaning of Paragraph (A) with intent to utter it in a manner specified in Paragraph (B).

(2) "Writing" includes:

(A) printing or any other method of recording information;

(B) money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(C) symbols of value, right, privilege, or identification.

(b) A person commits an offense if he forges a writing with intent to defraud or harm another.

(c) Except as provided by Subsections (d), (e), and (e-1), an offense under this section is a Class A misdemeanor.

(d) An offense under this section is a state jail felony if the writing is or purports to be a will, codicil, deed, deed of trust, mortgage, security instrument, security agreement, credit card, check, authorization to debit an account at a financial institution, or similar sight order for payment of money, contract, release, or other commercial instrument.

(e) An offense under this section is a felony of the third degree if the writing is or purports to be:

(1) part of an issue of money, securities, postage or revenue stamps;

(2) a government record listed in Section 37.01(2)(C); or

(3) other instruments issued by a state or national government or by a subdivision of either, or part of an issue of stock, bonds, or other instruments representing interests in or claims against another person.

(e-1) An offense under this section is increased to the next higher category of offense if it is shown on the trial of the offense that the offense was committed against an elderly individual as defined by Section 22.04.

(f) A person is presumed to intend to defraud or harm another if the person acts with respect to two or more writings of the same type and if each writing is a government record listed in Section 37.01(2)(C)

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Customer reply replied 1 year ago
The friend is scared of my ex wife since she harasses her more than us. She calms down just a bit with us because of custody disputes. My ex has contacted this girls work, corporate office saying my ex is being harassed by the girl. It is very hard to deal with and is legitimately scary especially what lengths she goes to. Also, should I contact CPS where she is to check on my son and have her send him back here?

I suggest, you can contact the sheriff in the county where your ex is living and ask them to make a welfare check on your son because you have grave concerns for his safety.

The "Friend" can file criminal harassment charges in VA and then have her served with a restraining order in Texas.

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If VA issues a restraining order against your ex, then it is then forwarded to the Sheriff in the Texas County where the ex lives for service and it is enforceable.

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Customer reply replied 1 year ago
she actually has moved to Colorado and no longer lives in texas

Well, then it will be served where ever she is living now. It is still enforceable.

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Customer reply replied 1 year ago
Ok thank you, ***** ***** currently on Talkingparents.com saying I make everything up and all this other stuff that I need drama in my life. Again thank you for your help

You're welcome. Good luck with everything.

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