New Texas Law – Tx HB 2268

In summer 2013, Governor Rick Perry signed into law0 Texas House Bill 2268

This has been hailed as a boon to consumer privacy, as it requires that law enforcement obtain a warrant if they are requesting, for example, a persons actual email content or IP address information.

More importantly for people like me, who have been the victim of cyberstalking, this law also gives companies like Twitter, Google / Gmail, AOL, etc, NO MORE THAN 15 DAYS TO COMPLY WITH THE WARRANT. If the magistrate signing the warrant chooses, he or she may pare down that time to three days if they feel the urgency is required. The law also requires that a warrant signed by any judge in the state of Texas be honored by any company that does business in the state of Texas. Proof of doing business in the state may consist of that little check box you click, swearing that you’ve read the Terms Of Service for the company. (I know you haven’t read any of them – just read one. Like Facebook’s. Scary stuff)

That’s pretty important, because Google and the others (I’m picking on them because they are the biggest thorn in my butt) have a tendency to claim that they only will honor warrants obtained in the same county as their base of operations. Fun game of hide and seek when a company’s HQ is in Denver and they are incorporated in Delaware – or outside the USA.

The caveat here is that the warrant must be “properly worded”. That might suck, depending on the literacy and competence level of your investigating agency.

I have heard, probably a dozen times, that we were waiting on _________ to comply with a warrant and it just takes time, gosh darn it.

Well, it takes 15 days now in Texas. Make sure that your own Keystone cops know the law, and know that YOU know the law.

Curley Jury Trial Set for 6/2/14 or Maybe 6/9/14 – and Guess What Info An Indicted Stalker Can Subpoena?!

The summary page for both Dr Curley and Hank Lehmann at the Harris County District Clerk website show a change of date for the jury trials to 06/09/2014; the settings pages for both still show the previously posted 06/02/2014 trial … Continue reading

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The Never Ending Divorce, Update

Lucky for my attorney and myself, I compulsively check the Hidalgo County 92nd District Court website! Imagine my (complete lack of) surprise to see that I was scheduled for a hearing a week from today, that neither I nor my attorney had been consulted with before choosing the date!

Historically, my attorney and the weasel retained by my ex will chat and compare calendars before giving the court a few days that they are both available, and the court chooses from those.

This appears to be a courtesy we are no longer offered, but this is still a familiar ploy – this isn’t the first time the other side has tried to slip a court date past us.

Oh boy! This should be fun. Let’s see…hubby hasn’t done a single thing he was told to do back in the beginning of January, and his counsel has taken great liberties with their interpretation of what the judge said at that time. The orders they presented to us for approval were sent back with corrections…which were apparently ignored. They just set a hearing for entry of the orders they drafted anyway!

Too bad I can’t tell Judge Jaime Tijerina about my ex’s incredibly hostile attitude since January, his little felony investigation, and how my ex dumps our beautiful, sweet, brilliant daughter off with friends when she’s supposedly in his care – just like he’s always done.

I’ve about reached my breaking point…

4 Year Divorce & 2 Year Investigation

I think I’m a pretty patient person, but February and May mark two rather annoying anniversaries: As of February, the criminal investigation of my darling husband is in it’s second year. Considering that the majority of the evidence is digital, and accessible with keystrokes, this strikes me as excessive.

Or it would, if the divorce wasn’t on the cusp of Year Four. For those keeping track, that’s also how many years we made it before filing for divorce. And I can honestly attribute the delay to my someday ex and the 92nd District Court of Hidalgo County Texas. One year spent in a groundless appeal by hubby, and then 13 dates rescheduled by the court (and one by me when my atty broke his leg), and a total of five judges assigned to the case.

I can assure you that this is not to my benefit. My ex has had 4 years to dissipate assets, game the legal system and create chaos in a little girls life.

In the meantime, he is allowed to continue the stalking, threats, bad mouthing about me to my daughter (and anyone else who will listen). He insists upon exercising his “rights” – but pawns her off on other people when she is with him.

Happy anniversary to me!

Inaction, In Action

Creepy ex spouse? Check! Scads of neatly organized, legally obtained proof that aforementioned ex has outgrown their skeevy skivvies and is ready for a new monochrome orange wardrobe? Well let’s get a move on! You’ve got a lot of walls to beat your head against!

Two disclaimers: first, I live in Texas and while I’ve been on hold with some of the finest organizations anywhere, I can only tell you what ultimately got me results or…well, didn’t. Second, I am neither a lawyer or a cop, and your mileage may vary.

Ok…so you are pretty darn sure that your ex is pretending he’s the NSA and batman all rolled into one. Don’t try to undo anything – no removing the tracking device in your car, or spyware on your computer, or the nanny cam in your air vent. Locating the stuff is fine, but no touchy. You don’t want to smudge HIS prints, and broken bits of surveillance spy gear don’t prove much. Call the police if you’re in city limits, the sheriff if you live in the sticks like me. While you are waiting for an officer to arrive, get your id out, and neatly write out your full legal name, address, phone numbers; Add the names and DOB for anyone who lives with you. Also write down as much of the same info as you have for your ex. (I finally just typed all of that out and printed a stack to keep in The Binder. You may as well start one. You’re going to be collecting lots of paper.)

Remain calm, and when talking to the officer stick to the facts – not a good time to break out your elaborate theories – but stick to your metaphorical guns as well. Your main goal in this encounter is to file a report. Make sure you have a case, incident or report number before the officer leaves. It will usually be given to you written on a business card along with the officer’s badge number and name. (Go ahead and tape it to The Binder. Not kidding. ) In a few days you can get a copy of the official report – which you are also going to add to that 3 ring binder that will become your life. Ask how much a certified copy of the report is, and if you will need to bring exact change or a money order.

Getting this incident on the record is important. Making a report to the police SHOULD help with the ticking Statute Of Limitations clock. In some states, you only have 2 years from the time you became aware of the spyware, to do “something” about it.

This calm, reasonable interaction with the officer is also important because he can try to take this either of two routes: we prefer the I’m-going-to-investigate-this-as-a-potentially-serious-crime option. But what an awful lot of cops would really like to do is shake their had sadly and say “aw shucks! This sounds like A Civil Matter”. This is a much less stressful choice for them. Less paperwork. They probably won’t have to talk to you about this matter again.

Politely but firmly insist if necessary, on that report. In The Binder I also keep copies of the state and federal laws, to gently drive home the fact that this is criminal. Puh-leez. My ex and I haven’t been civil in years!

To be continued….(and I’ll get to work with posting an area here with some printable copies of the documents I’ve needed so far)