Legal Question in Civil Rights Law in Texas

Neighbors
We were having a BBQ the other day in our own yard. A friends nephew was using skating on his skate board in our driveway and on part of our side walk. The neighbors dog aggressively came at the boy. We asked the 10 year old and several other teen agers out in the yard to please put up their dog. The mother comes out 30 minutes later and starts yelling at my husband. I asked her to leave the property and she told me she wasn't going anywhere with me and started calling my husband and me vulgar names. We called the cops to scene and a report was taken. However, the cop failed to tell us that we had to go to the city hall in person monday morning to officially file the complaint against her. Now she has gone and filed against my husband and we are being subpenaed to court tomorrow. Does she have any leg to stand on and what can we do about her behavior? Please help.

Asked on 2/15/05, 12:19 pm

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

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Re: Neighbors

I need to know some more facts about your case before I could answer your question.

First I'd like to know what charges she filed against your husband.

Since you have been summoned to court and not arrested this sounds like a case that is in a Municipal or a Justice Court.

That being the lowest court level where the punishment is by fine.

If I can be of further help feel free to e-mail or contact my office.

But the fact that you called the police first is good and you should be able to subpoena the officer to court to testify as to why he was called out.

Sincerely,

Erick Platten

903-593-9100

TylerJustice.com

Answered on 2/16/05, 1:43 am

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