Questions about divorce in Texas

[mistoffolees]

Thank you for that reply, it was very helpful!

I wish I had more evidence of his drug use, best I can do is provide the police reports for the jewelry and bike, and I know of some of his ex-friends of his that would say they knew of his drug use. There are records of it with the local MHMR where he received treatment before but I am sure that would be considered confidential medical information. I'm sure what I say or my family says will not count for much.

I'm keeping my fingers crossed he just doesn't show up.

Thank you very much,
Teggie

You can ask the court to order stbx to turn over those records.

 

[Ohiogal]

In going through my jewelry I noted several pieces gone, I found them today at the pawn shop where he pawned them.

After confronting him and telling him exactly what I thought about him I went to the police dept and filed a report and found that since several of the pieces were mine before the marriage I could charge him with theft. I haven't yet but I can if I need to.

After I returned home he was gone & I hope he stays gone. And this evening my son states his bike is missing and I am wondering if this will end.

I plan to get a copy of the police report and he does have a criminal history as I found out recently, his last arrest was several years ago but he does have a history.

I plan to ask for full possession of the home, my car and full custody of our son, my reasoning is that he will not even show up for court, plus he has no funds for a lawyer & I doubt anyone would take him pro bono. I have no assests to speak of, the house is 4 years paid into a 30 year note and car is maybye 1/2 paid for. I have no retirement and all the furnishings are second hand and not worth much.

Is there anything I need to be aware of?

Thank you for all the advice I have received, it has been immensly helpful.

Thanks,
Teggie

Go file for a protection order.

 

[Tex78704]

Go file for a protection order.

There is nothing in this post to suggest that a protective order is a viable or proper option for Teggie, at least not in Texas.

In Texas, a protective order is a civil court order issued to prevent continuing acts of family violence. Family violence is basically defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child.

The Texas Family Code pretty clearly defines what constitutes family violence and abuse, and nothing presented here would qualify under these statutes.

 

[Ohiogal]

There is nothing in this post to suggest that a protective order is a viable or proper option for Teggie, at least not in Texas.

In Texas, a protective order is a civil court order issued to prevent continuing acts of family violence. Family violence is basically defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child.

The Texas Family Code pretty clearly defines what constitutes family violence and abuse, and nothing presented here would qualify under these statutes.

Actually it would be because dad is committing crimes against the family. It can be worked in in that way. ASK GL.

 

[Tex78704]

Actually it would be because dad is committing crimes against the family. It can be worked in in that way. ASK GL.

Protective orders are intended to protect spouses and children from the threat of physical violence or abuse, in cases where there is no adequate remedy of law.

"Crimes against the family" limited to hocking a spouses jewelry and taking a child's bike can be handled via a restraining order to prevent further occurrences. This is an adequate legal remedy. Such "crimes against the family" do not warrant a protective order, as they cannot support a legally sufficient finding of abuse or family violence.

Since at this point the husband's current drug use is only speculation and unsubstantiated, this would not warrant a protective order. But there are other legal remedies outside of a protective order to deal with this, including but not limited to restricting dads rights of access and possesion of his child if it determined he is taking illegal drugs.

I am not sure what the reference to GL means. But I do not disagree that protective orders (even if only a temporary ex parte order used as a kick-out tool), "can be worked in that way", if the facts are such that they would not otherwise qualify for a protective order.

But this generally requires an attorney willing to nudge (not tell) their client to stretch or misrepresent facts or even outright lie and say and do things under oath the judge needs to hear to grant the order.

Because, as everyone knows, when it comes down to he said she said on allegations that can never be proven for sure, nobody is going to blame a judge for erring on the side of caution.

Unfortunatetly, this happens in Texas a lot more often than most family law attorneys would care to admit.

 

[Teggie]

Thank you all for the replies, I am clueless about legal matters. I have tried to get an earlier appt with my lawyer to get things started but she has been on vacation and I will likely not be able to see her until 9/2.

But things have been ok so far, I changed all the locks, and threatened to charge him with theft over the jewelry that was mine before the marriage that I have the original receipts for. Evidently it scared him because he hasn't been around at all and has only called a couple of times to talk to son but doesn't disclose where he is staying.

I don't speak with him, to me no contact is appropiate. I pick up my jewelry today and my mother will keep it at her house until after the divorce.

Thank you all,
Teggie