Q: Where can I run a thorough background check on my ex husband? I’ve tried Texas DPS, but didn’t come back with much. I
know he had a Controlled Substance charge somewhere. I need this to show the DA he has a history of drug and ETOH abuse so I can try to get an emergency protection order over our 3 year old son. My ex recently was arrested for DWI. A month before his blood came back from TX DPS, he was arrested for DWLS. His BAC was .15 and this is while he had possession of my son. I know the DA told me that the DWI was gonna be a class A, and the DWLS was going to be a class B. When he goes to court (if he even goes), will the court be addressing the DWLS and DWI together? CPS stated they can’t do anything because I have to prove he was driving impaired with my son in the car, which I’m trying to do with the DA. But to me, him being that impaired in front of our son is negligent enough. CPS said his mother was around and she was able to care for our son while they were all in the car, and she is lying rhat she was driving, she can hardly drive herself r/t cataracts. Thanks in advance so much
A:
Substance abuse is not an allowable basis for a magistrate's emergency protective order. It sounds like you are trying to use criminal law to gain leverage in a family law matter. The state will deal with the criminal law; you don't need to insert yourself into those cases. Your family law attorney will know if (and when) it is appropriate to bring his criminal history into the custody matter.
With regard to the DWI, if your ex-husband had been arrested for a DWI with a child passenger it would have been charged as a felony rather than a misdemeanor. The arrest affidavit in the court's file for the DWI case will indicate who was driving and whether or not there were any passengers. Also, the officer's dash-cam video should clarify any ambiguities.
Finally, it is worth noting that the DA's investigator already has access to criminal history information via TCIS and NCIS, so they can find out about prior convictions anywhere in the country. Prior arrests that did not lead to convictions don't necessarily prove anything because innocent people are arrested every day for offenses they did not commit.
A:
If you are talking with a prosecutor regarding an emergency protective order, ask that prosecutor what she or he will accept as a valid source on your ex-husband. I am surprised, however, that anyone from the DA's office would need you to acquire any such information, since the DA has access to the MCIC computers, which is a nationwide data bank for all criminal offenses. The State is providing the attorneys in these cases, so you should ask the for guidance
Good luck..
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