Legal Question in Criminal Law in Texas

Ok, this person came back from a deployment from Iraq and when arriving home and inside his own house and his own bedroom he found his wife with his lover cheating and the owner of the house told the lover nicely to leave the house in 30 seconds, things that the lover didn`t do and went ahead and hit the owner of the house and the owner on self defense then he hit him back and a fight started and the lover is way taller than the owner of the house and still the owner of the house hurted him as a result of his anger by finding out his wife in such act and after all was over the owner of the house so upset left the house and never called police to report the situation and the lover and the woman then accused the owner of the house with the police and now he is facing an aggravated assault with a deadly weapon charge and has a warrant for his arrest. What the lover and the woman did was evil when the owner of the house I guess being at his house had the right to do what he wanted with that person under his own roof and still is getting charged....my question is what can happen with a case like that when the ones who were doing the wrong thing was the lover and the woman and the owner fighting for his country in Iraq to find such a show under his own roof and even now that lover moved to live at this soldier`s house with his wife and how something like that could be legal and nothing can be done? why she can have her lover at the house? Also this soldier has paper proof she had an abortion 3 days before his arrival at home and also pictures he found in the living room with her lover...why the solider have to pay for something that happened out of his control at that time of finding his wife with a lover inside his own house?


Asked on 7/15/10, 2:59 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what has been written, it appears that this service member will need to defend these false allegations in a criminal court. Once the criminal proceeding has concluded, the service member should consider filing the appropriate petition of divorce with the allegations of fault in the divorce. This service member really needs to consult with a law firm to ensure that his rights and interest are being fully protected.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 7/15/10, 6:18 pm


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