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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28316
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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On July 17, 2015 I pulled into the driveway of my home and

Customer Question

On July 17, 2015 I pulled into the driveway of my home and my husbands ex wife sped out of the back of my house speeding onto the the main street. She did not stop and I did not know why she was in the back of my home. My husband knew that I did not want
his ex wife at my home. I called his ex wife on the phone and she refused to answer the phone. I called my husband and he told me that his oldest daughter called him and told him that she needed to pick up some clothes at the house. I went into my house and
his daughter came into the house through the garage which made no sense because her father was 10 minutes away at his car lot in town and could have come home and opened the door to let her in to get her clothes. When I entered the house I noticed that my
bedroom door was opened and the garage was open. It appeared that they left in a hurry when they saw me pull up. His daughter is 12 years old and she does not have a key. According to my husband his ex wife did not enter the house but pulled to the back of
the house because his Daughter did not have any shoes on??? None of this makes sense. My husband accused me of over reacting and now we are no longer together because of this. I believe his ex wife was in my home but I can not prove it. I live in Texas. Can
I charge his ex wife for trespassing? She was on my property without my husbands or my permission.
Submitted: 2 years ago.
Category: Family Law
Expert:  FamilyAnswer replied 2 years ago.

Good morning. Just to be clear, she was with your oldest daughter who lived there? If she did not have a key, are you saying that his Ex broke into the home, allegedly?

Customer: replied 2 years ago.
I only saw her van speeding out of my driveway from the back of my home. She did not stop and acknowledge me or explain to me why she was at my home. I was told by my ex husband that she drove his 12 year old daughter to the home to pick up some clothes. My ex husband was not aware that his ex wife was at the house. he told me that his daughter called him and told him that she needed to get some clothes. His daughter did not call her father who was 10 minutes away to come and let her in the house. Someone lifted up the garage door to enter another door that led to the house. The garage door is broke so it was dangerous for her to even open it. None of it makes any sense. My ex husband spoke to his ex and she told him that she was not in the house. I don't believe that. If this was all innocent she could have called him and told him to meet her at the house because he has a key. I don't know the truth. All I know is that his ex wife was in the back of my house and sped off out of my driveway and did not stop.
Expert:  FamilyAnswer replied 2 years ago.

Thank you for the additional information. I 100% agree it is suspicious and odd. Without any evidence that she entered the home, you would not be able to go to the police and file a report and allege she broke into the home. As such, that leaves you with the issue involving the trespass. However, it is important to remember that it is a crime against the State of Texas, so it would be at the discretion of the police to charge her with it. Moreover, there could be an issue based upon the fact that she had his 12 year old daughter, who did reside there and if the mother had custody of her at that time and the child did need to get something, she would have a basis to be on the property. It would make your situation a lot easier if she was alone and had no business, permission or justification to be there but in this case, you shared that the child called your husband and advised that she needed some clothes so if the mother had her, it would seem logical that your ex husband would not object to her going there and being taken by the mother. You can certainly go to the police and file a report but it would be up to them at this time, to proceed.

Customer: replied 2 years ago.
He has joint physical custody. His daughters lived at my home half the time
Expert:  FamilyAnswer replied 2 years ago.

Thank you, ***** ***** assume something of that nature, which is why I referenced it above.

Expert:  FamilyAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!