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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 07-07-2008, 12:25 AM
PanAm PanAm is offline
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Default Assault Causing Bodily Injury in Texas
My question involves criminal law for the state of: Texas

I was kicked in the chest full force by my bf of 1.5 years. I supported him fully.. paid the rent, paid for his meals, his cell phone, professional credentials, etc. The force of his kick caused me to fall back against a glass coffee table, shattering it completely as i fell to the floor. I received 2 lacerations that required 5 stitches each to close. There was blood everywhere. As soon as he saw the blood and realised what he did, he ran. He quickly called his friend to come and pick him up and he ran out of the apartment before the police arrived. The cops said they could not arrest him since he wasnt there despite me offering to take them to the friends residence where i felt my bf was hiding. The cops didnt even take photos of the bloody carpet, entrance and kitchen floor. I was adamant that i want/will be pressing charges. The ambulance took me to the hospital. My bf remains at large. I called the property management company from the hospital and got the locks changed that same night. My bf's clothes are still in the apt. Hes attempted to contact me numerous times crying, saying it was an accident and asking for his clothes so he can "move on and get on with his life" The is the 4th time he has physically abused me but stupid me, i kept giving him chances and taking him back. Not anymore as this was my wake up call and my safety comes first now. Im going to the police station, with medical records and photos (that i took) to seek a restraining order against him, press charges, and have a warrant issued for his arrest. Question... What is the likely hood they will apprehend him and once caught, how much jail time, if at all, will he get? Legally, what's gonna happen next?
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Old 07-07-2008, 08:31 AM
aardvarc aardvarc is offline
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Default Re: Assault Causing Bodily Injury in Texas
First call the police records division and find out if a report has been filed. If he wasn't there for police to arrest him, they typically file a capias - a report of what happened that goes to a judge and asks the judge to issue a warrant for his arrest. If this has been done, you don't need to do anything else with the police until and unless you get a phone call from detectives wanting more info, or contact from the prosecutor's office regarding being a witness in court, etc. If this has NOT been done, take any documentation and witnesses and make sure a formal report gets filed. If he owns any firearms, be SURE to notify police.

Take the same documentation to your local courthouse to get a restraining order (they are issued by judges, not by police). Do this step ASAP - because the LAST thing you want is him filing a case against YOU for unlawful eviction (technically, you can't just throw him out and change the locks, even though this may have been necessary for your safety).

You should also contact your local domestic violence program; they have services just as court accompanyment, help with filing for the restraining order, and safety planning assistance that will be important for you until he has been apprehended (remember, statistically, the MOST dangerous time during an abusive relationship is when one party calls that relationship "over").

You can find your local services at:

http://www.aardvarc.org/dv/states/txdv.shtml

You can find important information about protection orders, safety planning, etc. linked on the same page.
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