Legal Question in Criminal Law in Texas

My sister came to a funeral she was not attending and attacked me while in the process trampling my 2 yr old son while punching me and ripping my dress. So I pressed charges on her and she then in turn pressed charges on me stating I attacked her while she held my child which is all totally untrue. Then she even put down that I have kidnapped a girl and locked her in my trunk again untrue and that I was arrested for meth again false. Is there anything I can do about these false statement on an sworn affivdavidt?


Asked on 6/26/11, 7:32 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Did you get arrested based on her statements? Are you being prosecuted? If not, it is unlikely that the prosecutors' office would take perjury charges. People lie in statements to police ALL THE TIME. If not, then there wouldn't be not guilty verdicts or cases dismissed. If her statements ended up causing you to be prosecuted, you could try to get the DA's office to prosecute her for false police report.

Did they at least file charges on her for assault? There must have been witnesses. And, if your son was injured, she could have been charged with injury to a child. If she claimed that you had assaulted her before she assaulted you back (at a totally different time), this still would not justify her attack on you. If she is saying that she hit you back or acted in response to your actions, then she is claiming self defense. The police should file charges based on the independent witness statements.

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Answered on 6/26/11, 7:52 pm


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