Legal Question in Criminal Law in Texas

I haven't seen my kids in over a year. Victoria police procedure says I can press charges on my ex for violating Ch. 25.03 'interference w/ child custody'. I talked to the DA today, he says he will not prosecute, go back to civil court. She has already violated TWO court orders. What can I do to make the DA obide by this state law? Who is HIS boss? My last court order was signed 11.30.2010. Almost a year now, numerous complaints to the police, they say they're hands are tied. The DA told me today, he doesn't have the resourses to prosecute; Civil court has already cost me over $12,000 in lawyer's fees, I'm out of money. But I love and miss my children. I have not violated the court order at all; she is just simply unwilling to comply. It seems like because I am poor, I cannot not get justice. The DA even told me, he is not gonna waste taxpayer's money on my case. I told him I am a taxpayer. He said, because I'm disabled, quote, "Oh, I doubt how much money you spend on taxes."

Who can I file a grievance to?


Asked on 11/01/11, 8:11 pm

2 Answer from Attorneys
M. Elizabeth Foley The Law Office of M. Elizabeth Foley

If this is the actual D.A. that you spoke with, he doesn't HAVE a boss, at least not in the way you mean. He's an elected official, and he has the legal discretion to decide what cases he will and will not prosecute. He is however, as I said, ELECTED. Presumably, he'd like to get elected next time around, too. I'd try going to the media. If the local newspaper starts questioning him about it, he might cave. Good luck.

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Answered on 11/01/11, 8:56 pm


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