Battery and Unlawful Entry Against an Ex Who Showed Up at My Place
My question involves criminal law for the state of: Texas
Recently I was involved in an altercation involving myself, current gf, ex gf and a female friend of the ex. Completely out of the blue, the friend contacted me through text trying to instigate things. After a few exchanged texts I warn them to behave themselves or I would divulge a personal secret of the ex to others, knowing that it would devastate her. I also send a single text to the ex warning her of the same thing. I admit it was immature of me to do so, but hardly illegal. Later that evening they send more texts trying to further irritate me, and so I did exactly as I threatened. I told a single person something personal regarding the ex. I didn't hear from them afterwards and assumed it was the end of it.
But around midnight that same day, my current gf and I are awoken by the ex and her friend banging on my apt door. They are both banging on the door, yelling to open it, and obviously drunk. I regret doing so, but after a few mins I open the door hoping to get them to leave. Once open, the ex's friend lets herself in although I clearly am trying to keep her out. This involved no force, just her managing to get in past me. The two of them continue to yell at me and my current gf, saying that I had no right to divulge that private information to anyone. My gf and I remain calm the entire time, simply ignoring their concerns and insisting that they leave. We threaten to call the cops and they dont care, just continue trying to argue with us. Our disinterest and unapologetic attitude is obviously further angering them and so the friend punches me in the head. My natural response was to shove her away from me, but she comes back at me swinging landing several punches. I end up controlling her by wrapping one arm around her while my other grabs her by her hair and carrying her outside my apt, although she lands one last punch while I set her on the pavement. A neighbor opened her door just as I was setting down the friend and getting punched, I yelled at the neighbor to call the cops. While this was happening between us, the ex gf entered the apt in an attempt to help her friend and so my current gf cut her off and a very small altercation results in the ex being pushed out of the apt. We immediately get back into the apt and lock them out. The two of them are talking to the neighbor I believe, and we call the cops ourselves. Three officers show up, the two girls are already gone, our statement is taken, and photos are taken of me where I had several scratches and marks over my chest and head.
So my question is, what are my legal options? I believe I have a case of battery and perhaps unlawful entry against the friend. I truly want no further trouble from them, but these two girls are very vindictive/immature and I feel they will continue bothering me unless a take a serious step to end any further threats. Pressing charges may be my only option to protect myself from further harassment. Also, do they have any sort of case against me? I certainly don't want to bring trouble upon myself and feel that I rightfully acted in self defense towards an unwanted intruder into my home. However, did I commit a crime by threatening something and then carrying out with it? I feel that what started out as immature text arguments was escalated by them driving 30 miles to confront me at my apartment. Also, I am currently in medical school and really want to avoid getting myself into legal trouble, as it would have terrible consequences on my career. However, I would really like to pursue charges against this girl.
Any advice of what to do would be great. Thanks
Re: Battery and Unlawful Entry Against an Ex Who Showed Up at My Place
Let's see if I understand the situation...
You behaved antagonistically, stupidly, and possibly legally. Your ex- responded antagonistically, stupidly, and probably illegally.
You want to avoid legal trouble and you want to punish your ex-.
It seems to me you are asking for trouble.
If you press charges against your ex-, you will not only motivate her to stir up trouble against you, you will be so consumed by the case and its consequences that your medical studies will suffer.
I suggest you pursue a medical degree instead of pursuing trouble.
P.S. Threatening to do something legal then carrying out your threat is legal. That's what helps hold our whole civilization together. So, was revealing a personal secret about your ex- legal? I don't know. Normally, truth is a good defense against slander. But malice is an argument for slander. A malicious, true statement that incites violence may well be a crime in some states (aside from the usual recourse of civil liability).
Re: Battery and Unlawful Entry Against an Ex Who Showed Up at My Place
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tg8604
After a few exchanged texts I warn them to behave themselves
Ever heard of simply not responding, rather than stirring the pot?
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or I would divulge a personal secret of the ex to others, knowing that it would devastate her. I also send a single text to the ex warning her of the same thing. I admit it was immature of me to do so, but hardly illegal.
Probably not, but COULD expose you to a lawuit, depending on the content/nature of the "secret".
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But around midnight that same day, my current gf and I are awoken by the ex and her friend banging on my apt door. They are both banging on the door, yelling to open it, and obviously drunk. I regret doing so, but after a few mins I open the door hoping to get them to leave.
Presumably you have phone service? Rather than open the door, in the middle of the night, to a drunk person that you KNOW you've pissed off, and who brought backup, this was the time to simply say "I'm calling the police" and then doing it. For all you know, she could have had 10 guys waiting outside to kick your ass, or worse.
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So my question is, what are my legal options? I believe I have a case of battery and perhaps unlawful entry against the friend.
The STATE may have a case against one or both of them. It'll be up to the DA to pursue or not pursue the criminal charges. If you received injury that required medical care, you can sue in small claims court, and then attempt to collect on any judgement.
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I truly want no further trouble from them, but these two girls are very vindictive/immature and I feel they will continue bothering me unless a take a serious step to end any further threats.
Two words: "restraining order". And consider changing your phone number, or using blocking features to prevent temptation to further engage any additional communication.
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Also, do they have any sort of case against me?
The DA probably isn't going to be interested in pursing charges against you, unless there's some reason to belive that you used excessive force in defending yourself. The fact that the girls scrammed before police showed up won't escape the DA's attention.
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I feel that what started out as immature text arguments was escalated by them driving 30 miles to confront me at my apartment.
And yet, you opened the door to further engage them. Learn from this.
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However, I would really like to pursue charges against this girl.
You can certainly let the DA know that you are ready and willing to be their witness, but ultimately formal charges are entirely in someone else's hands.