Legal Question in Criminal Law in Texas

My 14yr.old grandson was invited to his girlfriends house.The parent was not home,he was out drinking.The two young people were in her garage setting on a bed talking when the father came home.When he saw my grandson,he grabbed him at his throat and lifted him up and into the air yelling he'd kill him and asked did he understand that.My grandson kept saying yes sir.The man then ripped his shirt collar and through him to the ground kicking him in his ribs.My daughter got a call from her son(Boy had snuck out to go to girls house) asking his Mom to come get him.She called the law when she saw her son.They filed a report and was told to go file charges of domestic violence against the man.When they went downtown today they were told it wasn't domestic violence and sent them somewhere else.When they got to the other place,my daughter was told that my grandson was out past curfew,the Man had every right to deffend his property and he could have son him.She was told she couldn't file charges against the man.Also the 13 yr.old girl had no right inviteing him over there.My grandson was hurt by that man.He could have called my daughter to come get her son instead of hurting him.Why didn't police tell my daughter nothing could be done to that man instead of having her go all that way to file for nothing?We can't go around assaulting people or children and get away with it.


Asked on 6/22/11, 10:06 am

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

I answered this question for another family member but the information they provided was little different so I'll provide additional information to you.

Your grandson was in violaion of curfew - fine. However, that does not make him a target. He was invited to the propertyof the man by the daughter whom your grandson had reasonable belief had the right to have people over. Whether or not she really could invite people over is NOT the issue. Moreover, there was no need to "defend his property." If your grandson refused to leave, the man would have the right to physically pick him up & toss him out.

It is not domestic violence because your son is not related to the assaulter / man. It is simply assault charges.

I would talk to another police officer and even to a supervisor. At a minimum a report needs to be written and the charges presented to the prosecutor's office to decide if they will accept charges. It is NOT up to the cops to make the decision if charges are warranted in a situation like this where they clearly could be filed.

Read more
Answered on 6/22/11, 2:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas