Legal Question in Criminal Law in Texas

I have not had time to get the police report, as it is the weekend, but I got a ticket in the mail for Viol.88 Assalt By Offense Contact. It was filed by my ex-girlfriend. I have no ro or po against me. Says the incident took place on in early June. Well, she must have just recently filed this because we were together until 3 weeks ago. I can prove through text messages that the day and time listed on the ticket, I DID NOTHING. Will text messages be accepted as proof? I can prove that I wasn't even with her and nothing happened....I don't know what this is. Also, her and her family have been harassing me and I am afraid they are going to make other false claims. When we broke up, she hit me. She told everyone that I hit her because I threatened to call the cops, because she has hit me multiple times before. So, this is my question...I have proof in an email that she hit me in late May...I can't really prove any other incident really happened. BUT, I want to file a report on her for doing this. Is it too late? Will they actually do anything? Will the email count as proof? Yes, I know it is easy to forge now, but I still have the email in my account, and will gladly prove it any way I can. I just want to go down there Monday, file a report of assault on her, but I hope it's not too late for THEM to go after her,without me even having to press charges....will i need to bring the email when making the report? Should I mention the other days or just the one that I can prove. This is no fun. Thanks.


Asked on 8/08/09, 4:10 pm

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

It is not too late to file the assault charge on her. Assuming the email is from her, it is better proof that she hit you than her statement that you hit her. If the email is from her, it will make it hard for the authorities to look at this as a simple retaliatory claim. You should bring the email. You should also tell them about the other times that she has done this to you.

Understand that there different kinds of assault.

If there is harrassment, talk about that as well.

You should understand that doing this could make things escalate.

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Answered on 8/09/09, 12:36 pm


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