Legal Question in Criminal Law in Texas
verbal assault and personal use of police equipment
I have been involved in an ongoing divorce case and just learned that my spouse is recording telephone conversations. I obtained copies of calls to service to my address from the local police department. He made a report that I made a death threat against his current live in girlfriend. He had instigated and argument and repeatedly called my cell phone over and over until I completely lost it. He later explained in an e-mail that he recorded the conversation using equipment that she (the girlfriend) obtained from her employer (the police department in the city he lives in). I know that it is not against the law to record a telephone conversation in the state of Texas as long as one individual knows they are being recorded. However, can a civilian employee of the police department use police equipment for personal use? Can she file charges against me for verbal assault? Is there a statute of limitations to file such charges? Can I file a complaint with the police department regarding unethical behaivor? Is the e-mail from my spouse enough evidence for an investigation into her unethical behaivor?
1 Answer from Attorneys
Re: verbal assault and personal use of police equipment
Yes it is illegal and unethical to use government equipment for private use. You can file a complaint with the local PD, and the local DA. Verbally threatening to hurt or kill someone is a misdemeanor assault, and she can file charges if she wishes.
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