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Breaking and entering in Texas

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  • Breaking and entering in Texas

    My ex kicked down my front door after calling my mother and telling her that since I wasn't home to give him our children he was going to kick down my door and take them. My mother told him to call the police if there is a problem and that I was on my way home. I get there my door is kicked in and my children are missing. Is there anything that can be done here other then me having to pay for a lawyer?

  • #2
    Well depends:

    has he lived there with you?

    is there a court order for custody and what are the terms?
    “The man in black fled across the desert, and the gunslinger followed."

    "You go for a man hard enough and fast enough, he don't have time to think about how many's with him; he thinks about himself, and how he might get clear of that wrath that's about to set down on him."

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    • #3
      Originally posted by Ezrik2 View Post
      My ex kicked down my front door after calling my mother and telling her that since I wasn't home to give him our children he was going to kick down my door and take them. My mother told him to call the police if there is a problem and that I was on my way home. I get there my door is kicked in and my children are missing. Is there anything that can be done here other then me having to pay for a lawyer?
      A lot will depend on what (if any) court orders there are in the case....also, TX law may be far different in this matter than what CA says....

      Here in CA, he just committed a multitude of felonies.....Burglary for one (unless he lived there); kidnapping for another.....and yes, you can be charged for kidnapping your own kids depending on what custody orders there are for the case.
      The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

      "Politicians are like diapers. They need to be changed often and for the same reason"

      "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

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      • #4
        Originally posted by LA DEP View Post
        A lot will depend on what (if any) court orders there are in the case....also, TX law may be far different in this matter than what CA says....

        Here in CA, he just committed a multitude of felonies.....Burglary for one (unless he lived there); kidnapping for another.....and yes, you can be charged for kidnapping your own kids depending on what custody orders there are for the case.
        ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^This ^^^^^^^^^^^^^^^^^^^^^^^. While I realize few Attorneys work for free, it might not be a bad idea to retain one. Especially if this looks like a protracted or on-going situation.

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        • #5
          In Iowa, he would be going to jail after you called the police and made the burglary report.

          After he got out of jail--------------------

          More likely than not, this action would trigger a court hearing where a no contact order would probably be issued----and he would be under at the least supervised visits with the children for a period of time.

          Then you would need an attorney to look out for your interests. (It would be well worth the money)
          Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

          My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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          • #6
            Unless he currently lives with you or has property stored there (and that would even be a stretch as a defense), he committed criminal trespass. It's a Class B misdemeanor, same level as D.W.I. or possession of marijuana less than two ounces. It's pretty obvious who committed the crime though and would be a fairly open and shut case. Give the local P.D./S.O. a call.

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            • #7
              Originally posted by Cannady View Post
              Unless he currently lives with you or has property stored there (and that would even be a stretch as a defense), he committed criminal trespassl.
              Actually, if he lived there at any point and was never formally evicted from the property, then he has not committed any offense, as it is still his residence. You can't commit criminal trespass or criminal mischief on "your own" property. If there is no court ruling granting custody to the OP, then he has committed no offense. If the courts haven't ruled on custody, then he has just as much right ot the children as the OP. Now, if he never lived at the residence, you have criminal mischief (damage to door, etc) and possibly criminal trespass.
              Last edited by usmcrob; 03-10-2011, 02:59 AM.

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              • #8
                Sorry I don't buy it. your ex breaks into your house and kidnaps your kids and the first thought in your mind is let me ask for help on a web forum? No mother in her right mind would weigh the cost of a lawyer over the well being of her kids (and i dont care how broke you are). If I am wrong about this then call the police and have them sort it out, but I cant imagine a mother in situation not immediately doing so.
                my verdict... BS in the first degree.

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                • #9
                  My ex has never lived at this location I moved after we broke up. I have a court order that states I am the custodial parent. and lawman I did not immediately. I have talked to lawyers and they all want a credit card and I don't have one nor do I qualify for one. The local police say they will do no more to help unless I get a lawyer. I have done everything in my power and all I wanted to know is if Bexar county was going against state or federal law by not helping in this case. I have not been on since the post because I have been more wrapped up in setting my case and doing my own legal work to get my children back. So please don't judge unless you know what is going on. I have done everything in my power. I just came here to as a question.

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                  • #10
                    He has never lived at this location with me and there is a court order that states that I am the custodial parent but it is joint custody.

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                    • #11
                      How old are the kids and were they alone in the house at the time?
                      Pete Malloy, "The only thing black and white about this job is the car."

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                      • #12
                        Yes, I was wondering the same. If they are too young to open the door to their father, surely they are too young to leave alone???
                        If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.

                        ---Jack Handey

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                        • #13
                          I couldn't charge Burglary on this unless you could show me that he violated the court order by having the kids at that particular time. Reading between the lines of your posts, I suspect it was his "time" with the kids and you were either not able to get there in time or were playing the "ha ha, showed you" game I get to referee every Friday and Sunday night.

                          If that is true, you have Criminal Trespass (habitation), a Class A misdemeanor, and Criminal Mischief 50-500, a B misdemeanor. The reason it's not burglary is that he didn't enter to commit a felony or a theft.

                          Now, if it WASN'T his time of the month (so to speak), then I could see his taking the kids as Interference With Child Custody, a Felony 3rd (IIRC). That makes the entry a Burglary. So, either A) two misdemeanors for him, in which case YOU probably get the Interference felony charge, or B) two felonies for him.

                          Clear as mud? (TX officers: YMMV as to what gets by your sgt and your DA)
                          If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.

                          ---Jack Handey

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                          • #14
                            So, you called the cops and they said they won't help you unless you have a lawyer? BS. Sorry, I don't buy your story. He kicked your door in, they would do something about that.

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                            • #15
                              I'm gonna have to raise the BS flag here.

                              Is that what the officers told you?....if they did, sounds like they talking about a civil matter. Most DA's wont accept the interference w/child custody charge, at least not where i'm at. It's all civil in my county, refer to your attorney and file a contempt of court.

                              You never answer a question that was asked earlier.... 1. how old are the children? 2. were they home alone? 3. where were you?
                              "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

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