To: The Texas State House, The Texas State Senate, Governor Greg Abbott, The United States House of Representatives, The United States Senate, and President Donald Trump
Protective Orders: Should be Criminal not Civil
Far to often during a custody battle, a child gets torn from one parent by the other parents malice. It’s free to ask for a protective order, so for the sake of the children it should be free to defend.
Why is this important?
I am the Biological Father of my Daughter. After my divorce in 2006 I was granted custody of my Daughter with the exclusive right to designate her residency. After 9 years my Ex-Wife’s home was raided by the police, and I found out that her new husband was a drug dealer and a child rapist who was diagnosed with paranoid personality traits. I attempt to designate our daughters residency to be with me full time in stead of the 50/50 arrangement in an attempt to keep her protected from that environment. Her mother took me back to court and was able to take custody from me because the Judge was “Pro Mom.”. I filed for a trial by jury but it was repeatedly delayed by the Judge and my attorney for 2 1/2 years. I finally stood up to the Judge and filed a pro se petition for Writ for Mandamus and won. Custody was returned to me but when I went to get my daughter her mother refused to give custody back to me. I did nothing more than hold on to my daughter while her mother tried to drag her from my vehicle. She and her attorney filed for a protective order and because I pissed the Judge off by filing complains against her, the Mother was granted her protective order even thought she was the one who violated Texas Penal Code 25.03. I didn’t have the finances to hire a lawyer because my previous lawyer drained me of funds. I wasn’t allowed to have a jury trial because it’s a civil matter that doesn’t allow trial by jury. This kind of tactics has be publically advocated by attorneys as a “Strategy” during custody battles and has even earned the nick name “The Silver Bullet” as it’s effective against dangerous parents but is equally effective against good parents. Parents should be protected from being wrongfully accused of Family Violence just as much as the parents who are suffering from Family Violence. Protective Orders should be a criminal offense because:
1) if your guilty of family violence there should be real criminal consequences.
2) if your wrongfully accused of Family Violence, that’s just another form of Family Violence
3) the true victim of false Family Violence are the children
4) Criminal offenses are given an attorney if they can’t afford on and are also give a chance for a trial by jury
I’m not saying that people should be punished for wrongfully accusing someone of family violence because I understand that will cause actual victims to be reluctant to come forward, but a child should not lose a parent just because they couldn’t afford an attorney like mine did.
1) if your guilty of family violence there should be real criminal consequences.
2) if your wrongfully accused of Family Violence, that’s just another form of Family Violence
3) the true victim of false Family Violence are the children
4) Criminal offenses are given an attorney if they can’t afford on and are also give a chance for a trial by jury
I’m not saying that people should be punished for wrongfully accusing someone of family violence because I understand that will cause actual victims to be reluctant to come forward, but a child should not lose a parent just because they couldn’t afford an attorney like mine did.