Arrest, Search, Seizure, Warrant Assault charges, CPS, custody/divorce... please help!

[fortworthfree]

During yet another incident of my wife, separated, (on medicine for bipolar disorder or something 'psychological' as well as hormonal imbalances) breaking into my home and doing damage. I was going to just leave and get me and my daughter out of the situation occurring, but I saw her kicking in the front door to my house and doing other damage to my property (again, not the first time) so I parked across the street and went to see what she was doing in my home. When I entered she had her hands full of glass and other marijuana paraphernalia and proceeded to throw it around the room. With her hands free she then brandished a large knife at me. I started yelling as loud as I could that she had a knife. She came towards me, pushing me aside. She ran past me to my vehicle parked across the street with my child in the backseat. I ran behind following her and when she turned to see me she kicked my leg out and I sprawled full speed, face first into the tail light of my Jeep (Wrangler, sharp tail light) splitting open my eyebrow, my nose (and breaking it severely), and causing my front teeth to go through the better part of my upper lip and part of my nose. Luckily a bystander working across the street heard my daughter crying and saw the outside incident and called the police (I did not have a cell phone at the time). They were there almost immediately (I found out later that another neighbor had already called them when he saw my ex breaking into my back window moments earlier). After questions, pictures, chastisements/patronization, and a full search of my house the officers ended up taking my ex to jail for Aggravated Assault With a Deadly Weapon. I was immediately granted a protective order (finally!) and she spent approximately a month in jail, I will assume she still awaits trial. About a week after the incident my mother informs me that I have a warrant for my arrest for a Class C Misdemeanor Assault by Contact. <We had an issue previously where I had called the police on her for being violent and not leaving my property in which I was charged with this same citation. Her and I both went to court and she was fully prepared to tell them that it was a fraudulent charge but when I plead Not Guilty the case was simply dismissed.> I am a non-violent, peaceful man. I know she is retaliating against me but now after all is said and done CPS has a court-order allowing them to interview my 4 y/o daughter and search my wife's last known address. However, taking my daughter to this interview could get me thrown in jail! I know I need to just get the divorce and paperwork over with asap, but it takes money and time and I am struggling. Now I am looking at having to pay $617.00 on the warrant and I don't even know if that will go on my record, or if I will still have to go to court or not. Please give me any and all info here. I am so far in over my head it is unbelievable. Thanks.

 

[Proserpina]

Yes, you're in over your head Dad. You need an attorney. Seriously - you need to do whatever it takes (legally) to get an attorney.

 

[army judge]

Dad, if you're arrested, plead not guilty.

Make no statements, admissions, or confessions.

Stop talking, except to provide your name and other details, when asked.

Then ask the court to provide a lawyer, if you can't afford one to represent you.

In the meantime, stay away from that crazed she-beast!!!!

If you see her on your premises, call "911".

Stop trying to be "Joe Hero"!!!!

If you are convicted, and you have no prior record, you'll likely be asked to take a few classes, pay a small fine(yes, it can be paid in bits), stay outta trouble, do probation, and eventually the charge will not go on your record.

So, remember, keep your big mouth shut, be polite, ask for a lawyer, plead not guilty, stop trying to be "Joe Hero", and call "911" ( if this ever occurs again )!!!!

 

[fortworthfree]

Thank you so much for responding so quickly. I am attempting to obtain counsel..I don't have a lot of money but the warrant fee is $617 and I have about $800... It seems that would go much further with an attorney rather than directly to the man.

I really can't afford to get arrested. I am all my baby girl has. That is why CPS concerns me so.. They could arrest me just for taking my girl in for the interview when I have a warrant.

My ex has also contacted me twice...one facebook friend request and the other was an email to my address but worded so that she was speaking to my daughter. I believe that is still a violation of the protective order.

If you have any suggestions for a firm that can handle such a plethora of issues I am more than happy to contact them (I understand suggestions are merely that..I am grateful for ANY information).

I have called 911 on her before.. because we have cohabited this address in the past and the divorce is not final they never do anything...she has broken windows, kicked in doors, and destroyed TENS of THOUSANDS of dollars worth of my property. I am never offered protection and I am to the point I feel like I have to hide in my home constantly until I can move away.
I am not trying to be a hero..especially if she is going to be playing with knives. There have been two issues near my house of fire this season and both times I immediately feared it was her. I don't want to sound dramatic..I am just honestly afraid.

I have NO idea how to even go about paying this warrant without going to jail..and after researching CPS issues I am scared even more now of them..they seem like an extremely nefarious group (not to speak ill of the individuals themselves).

I again want to thank you so very much for the service you are providing here.. it is beyond civic duty or being a good samaritan. You are offering what I can only describe as some focused peace of mind. Right now...I am so overwhelmed that any help with focus is a gift from God. So thank you

 

[army judge]

You're most welcome, ftworthfree.

But, let's focus my friend, focus.

Whenever she is near you, on your property, speaks to you (yes, even by email); she violates that OOP.

The OOP is your golden ticket. Do not be stupid or misled. Use the OOP to your advantage. Tread carefully.

If you see this violent beast, do not attempt to warn it, say hello to it, look at it, let it see it's kid, or make any contact with this monster. It has shown its propensity for violence, so immediately call "911", hunker down until they arrive. Damn the property damage, we're talking about your safety and the life of a small child.

So, run for the hills, and let the "911" operator know of your
whereabouts. The cops wille eventually find you. Use the camera on your phone (or buy a camera) to document the creature's evil deeds.


CPS can be very quarrelsome and make big trouble for you.

That said, do you have a legal order awarding you custody of your child?

When is your divorce final?

What is the status of the divorce proceeding?

Focus, my friend, focus.

Were you married to the mother before or after the child was born?

In what state were you married?

In what state did you initiate the divorce?

Now, you must not violate the OOP, either.

That means you are not allowed to contact her.

You can't be in her presence, not even for a minute.

You can't email her, or phone her.

You've violated the OOP by your own admission.

Be careful.

No contact, as in NONE!!!!

 

[fortworthfree]

I have not contacted her at all..she has attempted with me but I have not responded..only held on to the emails as evidence that she attempted contact.

We married shortly after the birth of our child. We were married in Denton County Texas and she filed for divorce in Tarrant County. Our daughter has always held residence with me and has my last name. I have always had my baby.

I have maintained custody her entire life. My ex has left us destitute on a couple of occasions but never attempted to run off with our daughter. She goes months at a time without asking to see her daughter or even talk to her.

She filed for divorce through legal aid of Texas but she was requesting custody so I never even bothered to respond. There was a suit filed, but again I haven't given any reply. My mother told me that she would assist with the divorce portion of these matters and I believe I have found a couple firms I can at least speak with if not hire but they cannot meet with me until January 3rd of 2012.

After reviewing the court-order/warrant for CPS... it says nothing of a time or date constraint..it only says that if I do not comply then I can be held in contempt. I fully plan to comply after speaking to an attorney on the 3rd and getting the warrant cleared. I hope that is a valid option.