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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 11-12-2007, 12:20 PM
CoolOne CoolOne is offline
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Default Assault by Contact
My neighbor and I were involved in a verbal altercation about her children on my property. I have asked the kids several times to stay out of my property. This particular day they were playing with boxes in my yard, when they were suppose to be in school. After yelling and using foul language, I found tha I was getting no where with the mother. I then proceeded to open my front door, and my dog got out of the house. The dog, a yorkshire terrier, then proceeded over to the neighbor. I was walking behind the dog trying to grab her. The neighbor then picked the dog up by the back of the neck, held her in the air, and then stated that she is on my property, and then proceeded to walk with my dog. Before I knew it I pushed the neighbor, she fell, and I grabbed my dog. I then went into the house and put on my tennis shoes, combed my hair, and waited for the police. She then told the police that I kicked and punched her. I informed the police that I didn't kick her and if I would have punched her, she wouldn't have gotten up. At the time of the incident I was wearing house slippers and had an ankle brace on my strong leg. The police then asked what caused the incident, and I told him that she grabbed my dog. She then told the police that my dog was vicious, and the police asked if she thought that before she picked up the dog. He then asked the kids had they ever petted the dog, and the little girl told him yes.

I want to plead no contest, but I noticed that I wouldn't be able to say anything about the incident, and I don't want to plead guilty because I felt that I had no choice. Who knows what she would have done to my dog, if I let her walk away with her. My dog is just like a child to me, so I was going to do what I had to do to protect her. I know that if I had grabbed her kids, for being in my yard, I would have gone to jail. Why can't the same be done for her picking up my dog? I have no idea what to do, because this is my first time ever having to go to court. Her dogs have gotten out and been in my yard, and I took them to their house. Her kids have broken my driveway lights, and I didn't call the police. Our houses are very close to one another, but they seem to like playing in my yard. I don't have any kids that live at home, so they have no reason to play in my area.

This incident happened in Temple, Texas
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Old 11-12-2007, 02:58 PM
aaron aaron is offline
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Default Re: Assault by Contact
A "no contest" plea, if accepted, is treated by a court in the same manner as a "guilty" plea. If you want to defend yourself against the charge, you need to plead "not guilty".
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