Legal Question in Criminal Law in Texas

Hello,

About three months ago I was arrested for a Family Violence assault. The case is still pending, althoug we are expecting to have it dropped in the near future. In short, there is a lot of evidence on my side - pics of bodily injury on me and not the "victim", the assault happened in my home, and the "victim" had motive. The fight was between my sister-in-law and myself, but my husband and SIL told police I was the one who hit first (untrue), so I was arrested.

As a result, I filed for divorce three days after. I do not feel justice was served, yet I am the one fighting for my right!

My question is: Once charges are dropped, what action (if any) can I pursue to the "victim" who assaulted me in the first place. Can I press charges? Can I get a restraining order? Could I hire an attorney and follow siut of some kind related to the damage she caused me and my two kids?

Thank you,

K.


Asked on 1/31/10, 11:01 pm

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

Yes, you could press criminal charges, but I wouldn't press your luck if your criminal case is dismissed.

You could get a restraining order (a "peace bond), call your local justice of the peace to ask about what you need to do.

You should consult with an attorney for a more in-depth analysis of your situation.

Good Luck!

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Answered on 2/11/10, 4:23 pm


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