Legal Question in Criminal Law in Texas
A year ago, my boyfriend and I had just started dating. His ex-wife (of a couple months) called and said she wanted to pick up their son. He went to the door and opened it, ready to take his son downstairs from his 3rd floor apartment, and she was unexpectantly standing there. She pushed her way in and came back into the bedroom closet where I was and pushed me up against the wall, scratched my neck/chest, called me a bitch, and punched me in the nose. She also bit my boyfriend's back and drew blood. She left after the police were called, and they took pictures of my boyfriend and I. My nose was bruised for several days, but no permanent damage was done. His 4-year-old son was there, as well. She ended up spending a couple days in jail. My boyfriend filed a protective order, which did not allow his ex-wife to come to his apartment or to his work. However, he still had to interact with her and see her because they have joint custody. I did not file anything, because the police did not give me that option when they were there. I never went to the courthouse to file a restraining order. I was not really afraid of her, just knew that she was mentally unstable. She got an attorney for her assault/battery charges and ended up pleading them down to a class-C misdemeaner with probation. It is probably allready off her record.
My boyfriend and I are still together one year later, and she has given him tons of problems regarding their child custody and selling their house (that she still lives in). He is meeting with an attorney this week.
She hates me because I am 21 years old and she is 46. She has called me every name in the book, accused me of stealing her husband (they were divorced before I ever became involved with my boyfriend), accused me of doing drugs because I took her son to CVS to pick up an antibiotic, and the list goes on and on. I have written her several e-mails, mainly asking her to stop making false accusations (we have never really met or talked), trash-talking me to her son and his teachers (he still loves me), and letting her know that I am not going anywhere no matter how hard she tries to scare me off. She has told my boyfriend that she will never apologize to me and that she did nothing wrong (by punching me in the nose).
After the last e-mail I sent her in July 09, I received an e-mail from her attorney's paralegal telling me to cease and decist all contact with her or harrassment charges would be pursued. I have never threatened her, and I don't see how I can be guilty of harassment considering she has never filed any type of restraining orders against me,and I have never done anything illegal.
I recently sent another e-mail (10/31/09) in response to some of the things she said about me in an e-mail to my boyfriend. She, of course, did not respond. There was nothing threatening in it, but I am afraid that she might file harrassment charges. Can she really do this? Does she really have a case? What are the grounds for this?
Also, can I still sue her for the assault she committed against me (punching me in the nose) on 11/2/08? There were no medical bills or permanent damage, but there were pictures of the bruising and scratches. I definitely suffered some emotional trauma for days, and of and on for the past year. She also e-mailed an administrator at her son's preschool last year saying I was reckless and did drugs [again, no basis for this other than her son told her we went to CVS to get my medicine (an anti-biotic for Strepp throat)]. Is this slander?
Basically, can she get away with suing me for harassment when she has physically assaulted me and gotten away with it? Can I threaten to sue her if she tries to do this? I know she is crazy and will never accept me or like me, and that is fine with me. I just want to make sure I can protect myself from her manipulative ways.
1 Answer from Attorneys
The two year statute of limitations for the November 2, 2008 assault has expired. I suggest you contact an attorney about getting a protective order on her. Also ask the lawyer about the statement to the school administrator. It does sound defamatory. I also suggest you show the attorney all of the emails between you and your boyfriend's ex, including the email from the paralegal.
I find it unusual that a paralegal would make such a threat. Parlegals do not have the right to file a lawsuit. The threat would have more weight if it came from an attorney.
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