Posted: 8/14/2012 3:46:10 PM EDT
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Ok sorry for the reader:
My MIL has been banned from all contact with us and our kids by my wife and I for a long list of things one of which is sneaking away and taking our 2 and 3 year and running off for 5 hours (would not answer calls) when she was told not to while watching them for 10 min. She has a history of making very poor decisions including DUI under perscription drugs (not convicted) ..... Now she keeps showing up at our front door banging on it and telling the kids to open the door that she has presents... She does this once or twice a week, she stays for a few minutes at the door then leaves.she also will text my wife from time to time saying things like your dead to me, I have rights, let me in and see the kids... My wife never answers back We have not called the police due to the fact she would most likely be gone by then however my wife is starting to get freaked out because she is now showing up with her boyfriend and he is doing the same (I am always at work) Is there anyway of getting a trespassing warning against her even though she left or maybe harassment? A restraining order is civil and an expensive drawn out process do we have any other options? Thanks |
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She would have to be present to receive a trespass warning. At least that's the way it's done in my department and I imagine it's the same elsewhere. As far as harassment goes, maybe. They can be difficult cases and the threshold for the DA is usually pretty high. Since she is contacting your wife electronically then she is at least partially satisfying the elements of the offense. The actual content of the texts/calls would have to be examined to determine if she is actually "harassing" you. Here are my recommendations:
Keep all texts, emails that she sends. If she calls, record the calls. Texas is a one-party state, meaning as long as one party to the conversation is aware the conversation is being recorded then it's legal. When she shows up at the house, call 911. If you leaves before the officer gets there, you will have a record of the call. Ask the responding officer to make a report. Documentation is key in these cases. I would keep a running log of any contact she has with your family. Also, consider videoing her when she shows up at the door. It would good to have a video (from your side of the door...don't open the door) of her making an ass of herself and you, clearly and firmly, telling her to leave and not come back. Do not initiate contact with her, even to tell her to leave you alone. I've seen the DA weasel out of cases by alleging that contact initiated by the victim nullifies all of the unwanted contact. I don't buy it but there it is. In my experience and I've investigated many of these case, DA's ( and some Detectives) don't like to mess with Harassment cases. You have to do your part to make sure a case gets pursues. Criminal Trespass is another matter. If you can manage to get an officer out in time and get a warning issued to your MIL then the next time she shows up she goes to jail. Video is your friend in these cases. Does your police department have a Community Resource officer or a Neighborhood Police Officer program or something like that? If so, find out what officer is assigned to your neighborhood and make contact with him/her. Work with the officer to try and find a solution to this problem. If that type of program is in place then that's what they are supposed to be doing. Good luck |
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Quoted:
She would have to be present to receive a trespass warning. At least that's the way it's done in my department and I imagine it's the same elsewhere. As far as harassment goes, maybe. They can be difficult cases and the threshold for the DA is usually pretty high. Since she is contacting your wife electronically then she is at least partially satisfying the elements of the offense. The actual content of the texts/calls would have to be examined to determine if she is actually "harassing" you. Here are my recommendations: Keep all texts, emails that she sends. If she calls, record the calls. Texas is a one-party state, meaning as long as one party to the conversation is aware the conversation is being recorded then it's legal. When she shows up at the house, call 911. If you leaves before the officer gets there, you will have a record of the call. Ask the responding officer to make a report. Documentation is key in these cases. I would keep a running log of any contact she has with your family. Also, consider videoing her when she shows up at the door. It would good to have a video (from your side of the door...don't open the door) of her making an ass of herself and you, clearly and firmly, telling her to leave and not come back. Do not initiate contact with her, even to tell her to leave you alone. I've seen the DA weasel out of cases by alleging that contact initiated by the victim nullifies all of the unwanted contact. I don't buy it but there it is. In my experience and I've investigated many of these case, DA's ( and some Detectives) don't like to mess with Harassment cases. You have to do your part to make sure a case gets pursues. Criminal Trespass is another matter. If you can manage to get an officer out in time and get a warning issued to your MIL then the next time she shows up she goes to jail. Video is your friend in these cases. Does your police department have a Community Resource officer or a Neighborhood Police Officer program or something like that? If so, find out what officer is assigned to your neighborhood and make contact with him/her. Work with the officer to try and find a solution to this problem. If that type of program is in place then that's what they are supposed to be doing. Good luck |
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Criminal Trespass Warnings vary by county. I can say in Comal and Guadalupe Counties that a certified letter to the respondent telling them something to the effect of "you are no longer welcome on my property located at ____________. If you violate this warning, you will be in violation of Texas Penal Code 30.05 blah blah blah".
I have a form letter at work, so I'm sure the wording is way off. We instruct the people to keep a copy of what they sent, plus the delivery receipt. The Guadalupe County County attorney came up with what we use. Call your local PD or SO and see if they have something similar. |