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my own words used against me?

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lalakis

Junior Member
What is the name of your state? TX



my boyfriends ex (and his childs mother) has for over the past several months been telling him over the phone "just wait til the next time i see that bitch" as if she was going to do something to me. FYI I have NEVER done anything to this woman except date her ex-boyfriend!! I have never said or done anything to her to make her angry. Recently we happened to be somewhere at the same time and she came over to me (practically running over to the car before i could get in) as if she was going to hit me. She had her fist raised at my face and I told her to "do it" if she was going to do something. She acted like she was going to walk away ( and i was about to get into the car) and then she turned around and punched me in the face! There are charges pending against her, i guess my question is, will the fact that i told her to just "do it" if she was going to do it, go against me in court? I didnt do ANYTHING or say anything else to her. Just those words because I was tired of the threats.
 


stephenk

Senior Member
be prepared to have this woman in your life as long as you date her baby's daddy.

Your statement to her does not mean you consented to being hit.
 

lalakis

Junior Member
Thanks i didnt think it would mean anything, but i wasnt sure, she could have just kept walking away like she should have, but i guess she didnt care. Its sad. I feel so bad for her daughter to have to see all this anger and violence.
 
What she did to you is called Assault and Battery, which is a crime. Although your statement made to her can not be used against you, it probably wasn't the best thing to say to someone who you knew wanted to harm you.
 

BelizeBreeze

Senior Member
bigdreams11 said:
What she did to you is called Assault and Battery, which is a crime. Although your statement made to her can not be used against you, it probably wasn't the best thing to say to someone who you knew wanted to harm you.
Quit watching so much "Law & Order" :rolleyes:
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
Your statement to her does not mean you consented to being hit.

My response:

I disagree with your conclusion. Her statement did give the other woman permission. Our writer said, while seeing a fist waggling in her face, "She had her fist raised at my face and I told her to "do it"

I think you had better re-read the allegations contained in the assault & battery causes of action, Stephen. One of the allegations is that the injured party didn't give their permission. In this case, our writer did give permission and the defendant was merely obliging.

Our writer's words will be used against her, and she will lose as a result.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
bigdreams11 said:
Lalakis is this situation going to be a criminal or civil case?

My response:

It doesn't matter. Her testimony in either type of action will still be the same, and that is, she gave her permission to be hit.

IAAL
 

gawm

Senior Member
I AM ALWAYS LIABLE said:
My response:

It doesn't matter. Her testimony in either type of action will still be the same, and that is, she gave her permission to be hit.

IAAL
so if this chick had a gun and she was stupid enough to say "go ahead shoot me" and she did, wouldn't she still be brought up on charges? so isn't the assault the same thing on a lesser degree?
 

BelizeBreeze

Senior Member
gawm said:
so if this chick had a gun and she was stupid enough to say "go ahead shoot me" and she did, wouldn't she still be brought up on charges? so isn't the assault the same thing on a lesser degree?
And what if Peter Pan grew up?

What if the sun was made of Green Cheese?

What iF?
 

stephenk

Senior Member
I AM ALWAYS LIABLE said:
My response:

I disagree with your conclusion. Her statement did give the other woman permission. Our writer said, while seeing a fist waggling in her face, "She had her fist raised at my face and I told her to "do it"

I think you had better re-read the allegations contained in the assault & battery causes of action, Stephen. One of the allegations is that the injured party didn't give their permission. In this case, our writer did give permission and the defendant was merely obliging.

Our writer's words will be used against her, and she will lose as a result.

IAAL

Hahaha. Great Halloween joke.
 

I AM ALWAYS LIABLE

Senior Member
stephenk said:
Hahaha. Great Halloween joke.

My response:

I'm right, and you're wrong. It's just that simple.

Tell me, Stephen, at what point is it considered enough, or not enough, permission to be hit?

Consider boxers, as an example. Is it required to sign an agreement to engage in a boxing match, or is it simply enough to say to each other, "go ahead" - - understanding that the permission is being given to be punched.

Where is the line drawn?

Well, the line is drawn when permission is given, and that's exactly what our writer gave - - knowing that she could be punched.

"A battery is a violation of an individual's interest in freedom from intentional, unlawful, harmful or offensive unconsented contacts with his or her person." (Rains v. Superior Court (1984) 150 Cal.App.3d 933, 938 [198 Cal.Rptr. 249].)


Did you read the battery cause of action? What does it say, Stephen? Paste it to your response.

IAAL
 
Last edited:

rmet4nzkx

Senior Member
Since the charges are pending and we only have the facts as you have presented them, you will have to wait until that issue is resolved. Then you will know whether or not or to what extent, your dare, factors into the outcome. That outcome, would in turn determin any further options available to you.
 
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