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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 09-27-2005, 12:36 PM
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Join Date: Sep 2005
Posts: 8
Angry

Assaulted on friday, what will happen?


What is the name of your state? Texas

My boyfriends ex-girlfriend punched me in the face on friday and slammed his car door onto me twice, all while she was holding their 19month old daughter. She fled the scene with her boyfriend and was gone by the time the cops got there. I had filed a report a few months ago of assault on a previous occasion against her, but did not press charges on her that time. This time I did. This happened friday about 5pm. What is the process that happens when someone presses charges for assault and battery? She was also arrested in July for DWI, and hasnt even gone to court for that yet and she also violated a court order that she wasnt supposed to drink 12 hours prior to having the child, she had been drinking beer not a half an hour before she came to get the child. Will they have to get a warrant and go arrest her soon or does this all have to be investigated? She didnt do enough to make me go to the hospital, but i do have some brusing. She has all they other stuff going against her, will that make any difference?
  #2  
Old 09-27-2005, 02:44 PM
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Join Date: Feb 2005
Posts: 3,348
You say that the court order says that "she wasnt supposed to drink 12 hours prior to having the child". Does the court order say that you can refuse to turn the child over to her if she has been drinking? Your BF needs to file for contempt with the court for every time that she violates the order. Also, if you do not feel safe around her, he should file to have the handover of the child take plave at the local police station. That might keep her in line.
  #3  
Old 09-27-2005, 11:24 PM
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Join Date: Sep 2005
Posts: 8
The court order was pretty vague, it did not say that he could refuse to give her the child though. I wish it had, because she clearly had had enough to drink in order not care what happend to her child as she was crushing me with the car door and punching me in the face. I read that aggrevated battery or assault is when they use a weapon in the assault/battery. Could the car door she used to hit me be considered a weapon? I wish i knew if she was going to get arrested, or if we will go to court over this.
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