Ex-wife wanted to stab my son

M

Mike Lee

Member
I live in Texas. This is about my wife, we are 5 months in the divorcing process, and currently I had the main custody of the children.
 
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I suggest you address all of your questions to the detective that is in charge of yoru case.
Other than that, be aware that teh police can't pursue a case if they are told to drop it by the prosecuting attorney (county attorney or district attorney in Texas).
You might the detective if the DA or CA has declined to pursue thye prosecution of your wife.
Furthermore, the case is very tenuous at best, as there's nothing to prove your wife ever did or said anything, except the your word, the word of a seven year old, the word of your mother, and maybe a couple more people.

That isn't necessarily proof, nor is it anything more than perhaps, hearsay, at least ina legal sense.
 
Hi Amy,
what about the police asked my son about "how many phones does his mother has?" Could this meant that the police has some information about my wife through her phones?
 
Hi Amy,
what about the police asked my son about "how many phones does his mother has?" Could this meant that the police has some information about my wife through her phones?
 
Mike Lee said:
Hi Amy,
what about the police asked my son about "how many phones does his mother has?" Could this meant that the police has some information about my wife through her phones?
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Maybe, but again, ask the detective when you have questions about the process and progress of their investigation.

If I were you, I'd simply pursue an order of protection to keep that maniac away from your seven year old child.

Read these links:

Crime Victims - Protective Orders

WomensLaw.org | Texas: Family Violence Protective Orders

http://www.tcfv.org/pdf/resource-center-assets/Protective_Order_Broch2.pdf

Then Google "order of protection domestic violence YOUR COUNTY, TX"

Then you go down to the local JP, apply for an emergency order of protection to make sure that maniac stays away from you, your mom, and your child.
 
Hi Amy,
However, as you have known, I cannot simply pursue an order of protection against my ex-wife and the children without any proofs, no judge would grant an order of protection. Like you have stated earlier, my 7 year old story is not enough evidence. How would you think I should handle my situation at this moment.
 
Mike Lee said:
Hi Amy,
However, as you have known, I cannot simply pursue an order of protection against my ex-wife and the children without any proofs, no judge would grant an order of protection. Like you have stated earlier, my 7 year old story is not enough evidence. How would you think I should handle my situation at this moment.
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Try it.
You do have proof, your son.
Your son may be young, but he tells the TRUTH.
Your mother, and I'm sure she'll tell the truth, too.
You also will tell the truth.
If all of you appeared before me, I'd grant that order.
The standard for such an order is lower than required for a criminal prosecution.
 
Thank you Judge Amy, thank you so much, I'll definitely will try it right away. What if the judge ask why did I waiting so long to file an order of protection, how should I answer him.
 
Hi Amy,
I just looked at form, now my problem is that I do not where wife lives, because when she filed the divorce papers, she also filed a RESTRAINING ORDER against me, so therefore, I also sign those papers that said she cannot come near me. Maybe that is why she still has not told me where she lives yet. All I know now is her lawyer's address and where she worked at. And also, the judge has already appointed an AMICUS ATTORNEY GUARDIAN AD LITEM for my children, does this has any effect when I file an order of protection for my children.
 
Mike Lee said:
Hi Amy,
I just looked at form, now my problem is that I do not where wife lives, because when she filed the divorce papers, she also filed a RESTRAINING ORDER against me, so therefore, I also sign those papers that said she cannot come near me. Maybe that is why she still has not told me where she lives yet. All I know now is her lawyer's address and where she worked at. And also, the judge has already appointed an AMICUS ATTORNEY GUARDIAN AD LITEM for my children, does this has any effect when I file an order of protection for my children.
Click to expand...

If you file an OOP for the benefit of yoru son (and other children), it shouldn't affect her existing OOP against you.

It should only serve to protect the child, and his siblings.

It should, upon argument before the court, prove that perhaps she lied in obtaining her OOP against you.

She seems like the violent one, not you, because she threatened to kill a child (her son, too) and then commit suicide. She seems extremely unstable and leaning towards violence.
 
I have no idea why you would not call the police immediately upon her threatening to kill the child, your mother and herself! That boggles the mind. I feel for that poor little boy who spent weeks terrified his mother would kill him while the adults in his life stood by in the interest of a second chance. A second chance at what?? To stab him without Grandma there to save him?

I would hope you have an attorney. If not, you need one immediately. Your attorney can guide you on the forms and filing. Or, talk to the GAL.

Charging someone criminally is very different and your inaction on the day the knife incident happened, as well as the weeks following, makes it much more difficult to press charges and get them to stick. It sounds like she was never charged and that very well could be the case. It is just not normal that something that significant would happen and you would wait weeks to report it and then only because the school principal told you to do so. I do hope you at least have the children in counseling. I would not hold out hope that the criminal justice system will come into play. To a large extent it will not matter as you will still need to manage the divorce and children's safety.
 
Hi ElleMD,

Yes, my son already have 1 session with his family counselor, but my question is that will this counselor have any opinion toward our case? Can the counselor helps my son from not being around his mother? Thank you.
 
It is possible but first you would have to file some sort of action to prevent the mother from seeing the child. A counselor's report or testimony can help support such an action. The counselor has no authority on his/her own to prevent contact.
 
Happy Friday Amy,

Based on what ElleMD just said, should I wait for my son's counselor's report before filing a Protective Order. Would that be better off, cause I also think so too, since it has been 5 months ago.
 
Happy Friday Elle,

I know what you mean, thank you so much for being concern about my children and me, but without the counselor's report, would it will be hard to convince the judge and maybe things will be back-fire at me, do you think so. How would I tell the judge if he or she asks "why takes so long to file this Protective Order?" Of course, all I can do is to tell him the truth which is I truthly did not know that I can file this Protective Order at the beginning and my lawyer did not tell me any about it, however, would you think that the judge will take these excuses. How would you think that I should proceed on this case.
 
I can not begin to guess what an unnamed judge may or may not decide or what questions he or she may ask. I would expect to answer as to why you are acting now and why it took so long to get the child into counseling. Whether your answers will suffice, I do not know. You have nothing to gain by waiting and everything to lose. If he has already seen the counselor, getting a copy of that report from the visit should not be difficult.
 
Hi Elle and Amy,

I just called the Aid to Victims of Domestic Abuse, and spoke to a lady, she got all my information and said that she cannot open a case for the Protective Order, because since the incident happen before my wife and me got divorce, the only way she can open the case is if I can get the police report( if the police prosecute my wife.) and the counselor's report. Well I told her getting the police report is difficult, because I have to wait until the investigation complete. Can you please give me some suggestions ob what should do now. thank you
 

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