Legal Question in Civil Litigation in Texas

The other night I was at home alone drinking. I don't drink very often so I'm not real used to it. Around midnight two friends came over to play on my PS3. Shortly after that a minor girl (age: 15) came over and I asked her to leave. I asked her repeatedly to leave, but she wouldn't. Finally, I forced her out the door, but she came right back in (no lock on my door) Several move times I forced her out the door, getting more forceful each time. The next morning I find I have assault charges filed against me as she sustained several minor injuries from me forcing her out. I guess what I need to know is do I need to worry about this: Is it legal in Texas to use force to remove a tresspasser from your house? It was not my intention to cause her injury, but only to make her leave. Of course being sober now I realize that there were dozens of better ways to handle the situation, but drinking impares judgement, which is why I chose to drink at home alone in the first place.

I did go to the police station as soon as I found out about the charges where I filled out a statement. The girl is known to them (the police) as being a serious trouble-maker. I found out that I could spend a year in jail over this and I have never been in trouble with the law and don't have a crimal record.


Asked on 11/30/10, 9:29 am

1 Answer from Attorneys
Gary Thomas Gary Thomas Law Office, P.C.

You need to get a lawyer. If you cannot afford one, you may be elgible for a court-appointed lawyer, and they are not all as bad as rumors say they are. You have an excellent defense to the charge. I do not know if you can use force in Texas to remove a trespasser off the top of my head. Probably not. You probably have to call law enforcement to have them removed. But I am not certain.

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Answered on 12/06/10, 12:47 pm


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