Legal Question in Criminal Law in Texas

What constitutes residency and self defense in Texas?

I had been living with a girl for 1-1/2 yrs approx.5 days a week at her residence.During an arguement she became very verbally abusive and was making hand jestures toward me,I through a glass of wine on her chest to keep her away that's when she hit me with her wine glass,as I walked away she hit me with a piece of glass in the back.She than locked me out from my personal items carkeys,phone,money.She started going through a bag of mine removing personal items.I went to the front door and asked to be let in so I could get my things to leave, she was stealing my company property, cell,pager etc.I kicked the door open, started gathering my items,she grabbed me by the arm and pushed me in the chest. I pushed her back and she fell cutting her knee.After I got my things I left.She called police and I was arrested 1 week later for burgluary of habitation & assault.Does it matter I lived there? Does it matter she assaulted me? She has a history rage but never arrested does this matter to my case? Her daughter signed affidavit against her in another incident does it matter? She still has company items can I file posession of stolen property on her? Are there grounds for civil suit for personal items still there?

Does common law apply?


Asked on 9/05/06, 6:20 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: What constitutes residency and self defense in Texas?

This fight initiated when she made gestures that you took as provocative, and threw a wine glass at her. It appears that you started it -- and that undermines your self-defense case.

If your relationship rises to the level of commonlaw marriage, then you should file for divorce and ask the court for the return or compensation of your damages.

If not, then you can file a case against her for conversion.

TCL

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Answered on 9/06/06, 8:10 am


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