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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 02-16-2009, 01:25 PM
needalittlehelp needalittlehelp is offline
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Unhappy Domestic Battery and Disturbing the Peace In Texas
My question involves criminal law for the state of: Texas

I literally went a little nutty this past weekend on my boyfriend. I had a full hysterectomy 5 1/2 months ago and they won't let me have hormones until March...or at least to do all of the testing anyways. While I'm not saying this is the sole reason for my actions, I definately feel it contributed. I pretty much destroyed the contents of his home and scratched my bf of 3 years right on the eyebrow. I was quickly arrested and carted off.

I was charged with PC-22.01 Simple Assault by Contact and 3090 WB-Distrubing the peace within a residence.

My BF's neighbors called the cops and my BF refused to press charges, but the cop told him they (the state) would. My BF bonded me out. Now what? I've never even had a traffic ticket at 34 years old! I have a court date, they did take pics of him and his place. They told my bf not to bond me out to keep me there because they didn't want to come back to his house...and if they did, they'd arrest both of us. My BF tried to explain that we don't even argue! Normally if he or I are in a pissy mood we recognize it and just walk away until the other one cools off. I just lost it on him. I'm lucky he bonded me out and even cares about me this much to still be here with me. He says because he knows it is not me. I personally went to every neighbor and apologized to each that were there. I told them my apology I know does not do much but I just did not want them to have any ill will towards my BF. Today I went to my dr. and he upped my prescriptions and added a new one to help in the event this happens again until I get hormones. He also recommeded counseling for my stress. I called and left a message with the counselor today as well.

Meanwhile, panicked and crying I called the county clerk and they said I could come, keep my court date and speak to the city attorney for my options.

I have kids and am freaking out. Will I got to jail again? What about my job? I would appreciate anyone's help out there. Should I go to the expense of getting an attorney?
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Old 02-16-2009, 03:11 PM
aardvarc aardvarc is offline
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Default Re: Two Charges In Texas
Quoting needalittlehelp
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My question involves criminal law for the state of: Texas

I literally went a little nutty this past weekend on my boyfriend. I had a full hysterectomy 5 1/2 months ago and they won't let me have hormones until March...or at least to do all of the testing anyways. While I'm not saying this is the sole reason for my actions, I definately feel it contributed.
Ok, fair enough. But what about the REST of it? What OTHER reasons played into this blow up? Remember, courts are big on personal responsibility. You may not have been able to do much about the hormone issue due to medical reasons, but if you knew there were other issues (stress, anger issues, self control issues, etc.), what did you do to address THOSE? And if you haven't done anything to address them yet, then do so ASAP - preferably before you have to stand in front of a judge. Showing understanding and acceptance that you need help and getting that help for yourself BEFORE a court has to ORDER you to get it can help.

Quote:
I pretty much destroyed the contents of his home and scratched my bf of 3 years right on the eyebrow. I was quickly arrested and carted off. I was charged with PC-22.01 Simple Assault by Contact and 3090 WB-Distrubing the peace within a residence.

My BF's neighbors called the cops and my BF refused to press charges, but the cop told him they (the state) would. My BF bonded me out. Now what?
In the eyes of the law, crimes are committed against ALL members of society, not just against the immediate victim. Since a crime has been reported, the State (ie the police, the DA) owes it to society to investigate and prosecute where appropriate - even if the immediate victim wishes otherwise (in other words, a victim can't make it ok for a crime to be committed against them). In some cases, a reluctant victim can make things a little more difficult to prosecute a case, but in THIS case, the events were outrageous enough that neighbors got involved and called police. That's gonna make life pretty easy for the prosecution - at least on the disturbing the peace issue (which will play into the assault issue).

Quote:
I've never even had a traffic ticket at 34 years old! I have a court date, they did take pics of him and his place. They told my bf not to bond me out to keep me there because they didn't want to come back to his house...and if they did, they'd arrest both of us.
There's a lot of potential legal issues with those orders unless there's something from a judge to back it up, but if you enjoy playing Russian Roulette, you can obviously defy the order not to return and see how it plays out. Personally, I don't like your odds.

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My BF tried to explain that we don't even argue!
Legally irrelevent.

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Normally if he or I are in a pissy mood we recognize it and just walk away until the other one cools off. I just lost it on him.
Obviously this wasn't a "normal" incident. Again, legally irrelevent.

Quote:
I'm lucky he bonded me out and even cares about me this much to still be here with me. He says because he knows it is not me. I personally went to every neighbor and apologized to each that were there. I told them my apology I know does not do much but I just did not want them to have any ill will towards my BF.
Why would they have ill will towards your BF? He didn't do anything.


Quote:
Today I went to my dr. and he upped my prescriptions and added a new one to help in the event this happens again until I get hormones. He also recommeded counseling for my stress. I called and left a message with the counselor today as well.
Keep working this angle. Make every attempt to get in to see a counselor or therapist about whatever is going on. Specifically ask about unhealthy coping mechanisms, stress reduction, and self control and anger management issues.

Quote:
Meanwhile, panicked and crying I called the county clerk and they said I could come, keep my court date and speak to the city attorney for my options.

I have kids and am freaking out. Will I got to jail again? What about my job? I would appreciate anyone's help out there. Should I go to the expense of getting an attorney?

At this point since you're out on bond, you won't be going back to jail unless you are convicted and sentenced, or re-arrested on some new charge (like violating any restraining order that might be in place, or for failing to appear at any court ordered hearing or trial).

Without knowing what you do for a living, it's hard to say how or if it could have an impact. There will, at the very least, now be a criminal record that will show up on a background check.

Considering that you have multiple charges, one of which could put you behind bars for several months, you have outside parties who can at the very least testify that they heard enough to make them call police, and that you want to use a medical/medicine issue as part of your "defense" I think you'd be very wise to NOT attempt this defense by yourself.
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