Legal Question in Family Law in Texas

Can he press assault charges when I have a pending charge against him?

I am 18, live in Texas, and am

involved in an assault case which is

also entangled in my parent's current

divorce case. Last May, my

father assaulted me and my mother.

I called 911, and he was

arrested. We filed a protective order

and by August my father had

filed for divorce. The state pressed

charges against my father. I

have given testimony for my parent's

divorce case about the

assault, and my father now claims

that my own testimony will

incriminate me and give cause for

assault charges against me.

When I was assaulted last May by my

father, I was a minor and

only hit/kicked him when he was

causing me harm. What does

this mean for me? I can only assume

he is trying to bluff and bully

me into dropping the charges. If it is

true that he could press

assault charges against me, is this

dependent on how my trial

goes? For instance, if they convict

him, will his claim not hold

water? If he is not convicted, will

that weaken my testimony that

any physical contact I made against

him while he was assaulting

me was in self-defense?


Asked on 4/03/08, 12:20 am

2 Answers from Attorneys
Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Can he press assault charges when I have a pending charge against him?

Basically there is nothing to keep your father from trying to have you charged with assault, but the cops and the DA are smart people. Mostly likely they will see what he is trying to do.

This is complex situation and you really need to sit down and talk to a criminal attorney who also knows family law or a family law attorney who also does criminal work. You should talk to someone other than your mother's attorney so there are no conflict of interest issues.

Read more
Answered on 4/03/08, 10:53 am
TC Langford Langford Law Office

Re: Can he press assault charges when I have a pending charge against him?

I agree with Ms. Bushman's statements, and want to add that especially since this 'statement/threat' from your father came after your testimony in the civil divorce case, you should report it to the ADA which is handling the criminal case. Depending upon the facts, he could be charged with intimidating a witness.

Read more
Answered on 4/03/08, 12:04 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas