Legal Question in Criminal Law in Texas

My ex, who the State of Tx says is my common law husband,who does not live with me has broken into my house numerous times, kicked in the door to my storage shed, assulted me & i am disabled with a brain tumor, has gotten away with these things because he said he lives with me. He did at one time but hasn't in awhile. He is a bad alcoholic & we had an agreement that if he drank he could not come near me. He did not stop drinking & i told him not to come back. He continued to come over drunk breaking in through windows when i wasn't home. I'd come home & he'd be in my bed & when i asked him to leave he'd say no he didn't have to. The police were called when he kicked in the door to my shed with his friend to rob me, they did nothing. Also when he broke into my house through two windows & i found him asleep on my bed. That night he ended up throwing mefrom my front porch where i landed on my driveway bouncing my head off the cement a few times. Also hurting my right knee & left arm. I could not get up, he walked by me saying some terrible things, & broke back into my house through the same windows & got back into my bed. The neighbors called the police & one more time they did nothing except give him a ride to his friends. He had just done a year in jail for family violence & i can prove he does not live here but they say he has the right to do these things since weare common law married. Nobody should have the right to break into someone elses house are shed are anything else, or destroy there property. Is this right, can someone legally terrorize someone like this? I have witnesses to alot of things he has done. Also i have things he has said & done on voice recorder & video also alot on voice mail. What can i do since the police seem to be helping him?


Asked on 9/23/12, 9:05 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Get a divorce and have the property awarded to just you then there will be no question. Or, if it is a rental, move to another house and do not put his name on the property lease.

Keep a log of everything that happens and call the police every time he enters and especially if he touches you in any manner. Video record everything that you can.

Finally, once you have gathered some evidence, go see a police supervisor. If they will not help you, contact the district attorney's office family violence section and see if you can get help. They might help you get a restraining order (and if you get one, the police MUST honor it. They do this even on married couples.)

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Answered on 9/26/12, 1:06 pm


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