Legal Question in Criminal Law in Texas
Criminal Trespass
After repeated phone attempts (first one to the home number which was disconnected) I made additional attempts to reach an ex spouse and child last week. After a few days and no returns calls, I drove to the house to see if they had relocated (due to multiple phone calls from our mortgage company the payment had not been made this month). Only makes sense..somthing must be wrong or they moved? phone disconnected and the house payments are not being made. Cell call messages are not being returned. My next step would be to drive out and check on things right? So I did with a witness in the car on a Saturday, they were home outside, said the phone was disconnected intenionally and the payment was just 12 days late..I said well just checking on the kids and the house, let me know when you make that payment, thanks. On Monday I get a call from the sherriff department I have a criminal trespass being filed I am not allowed out there or I will be arrested. Can they do that? Can I not check on the kids and house...the divorce is not final. No criminal history between us. I have no record. Plus the witness show how peaceful I thought the trip was. Is this right? What should I do next time it happens?
1 Answer from Attorneys
Re: Criminal Trespass
You need to contact your family court lawyer, peacefulness has no effect on trespass case. Let your family court lawyer handle your problems with the ex-wife. If you have not hired a divorce attorney then you need to do os ASAP.
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