Abuse in the Home

[drwbunny]

My question involves criminal law for the state of: Texas
I have been divorced for 2 months , but seperated for 8
my ex husband had a restraining order against him for aggravated assault to a family member( myself )
he is on probation for 2 years.
I have started seeing someone else and now my ex has went crazy,
he has called my boyfriend and threatedned him and done the same to me.
He told me that he would do everything he could to make my life a living hell like his and make me miserable forever.
I have recordings of everything he has said in the last week.
is this a violation on his part, threatening me again?
Or is there nothing that can be done about it?
I am scared and the police told me to never be alone anywhere becasue of his temper and his threats.
I am also violating a court order right now, because I refuse to let him take our 8 year old son .
Is that the smart thing to do?

[aardvarc]

If he is violating the order by contacting you, then you need to be notifying police or the court. If contact by phone is allowed, then the content of the messages becomes the crux of the issue. Statements that he will "make life miserable" aren't going to meet a standard high enough to be considered threatening, unless there is some specific reference to violence against you or your new beau; however, repeated messages, regardless of the content, might meet the standard for a charge of harassing communications. Keep meticulous records of the calls and phone records and see if you can get a charge for harassment.

Also be aware that even though he might be violating a court order, YOU violating one too isn't going to help if he decides to play hardball in court. You can't expect a court to enforce it's orders against one naughty party, yet allow the other to face no consequences (and believe me, a judge isn't going to explain it that nicely).

Finally, be aware that you are in one of the absolute most dangerous times for women in your position (having an ex with a R.O. against them who is starting to date again). Some 85% to 90% of cases of domestic violence related homicides I've ever worked on have come in situations exactly like yours. Do NOT underestimate the danger you're in - and not only you, but the new Mr. Wonderful too, and any children involved. I cannot stress more strongly how vital it is that you implement and regularly review a personal safety plan for yourself and your family. You can contact a domestic violence advocate near you.

[drwbunny]

thank you for the help,
I am still really scared, but I did contact the DA, his PO and his BIP councelor
I am waiting for a response from the DA to see what can be done.
Now my fear is, that if he does go to jail, how mad will he be when he gets out?
Is that going to make matters worse.
I really do appreciate the Safe Plan of action information and I am going to do that today.