tired of being scared

[beanween]

What is the name of your state? Tx

About two months ago I was attacked by this girl and pressed charges on her. She left the scene before the officers got there so they couldnt do anything about it then. Well I waited and waited to hear from some detective they said was going to call me, and I never heard from him so I called the PD and they told me that the case was going to the municipal court and to contact this other lady. Well I called her and went up there and filed a "complaint" on the incidence like 2 weeks ago. I followed up with a call to find out what was going on and her secretary said that once she reviewed the case she would contact me. I just dont get it. There was a crime commited here! I have to live in constant fear that if this girl sees me out somewhere she is going to go berserk again and beat my a** again. I cant afford a lawyer to get a restraining order or any of that. I am fully depending on local law enforcement and so far have been totally dissapointed by the total absence of urgency. I hate to call everyday and harrass this woman, i mean i know she is just a secretary and cant really do anything for me, but I am starting to think that you can just go and assault people in Texas and not have to worry about it if you leave the scene before the police get there! Can anyone tell me if this is normal? Is anything going to happen to this girl?????

[CdwJava]

Originally Posted by beanween

There was a crime commited here! I have to live in constant fear that if this girl sees me out somewhere she is going to go berserk again and beat my a** again.

Here's the problem with battery cases involving no real injury and no witnesses ... how do you prove who was the aggressor? You say SHE assaulted you, and she likely says YOU assaulted HER! This makes these cases hard to file. No DA will take that to court. Well, that's not entirely ture ... let's say that they RARELY go to court.

I cant afford a lawyer to get a restraining order or any of that.

You don't need a lawyer for a restraining order.

I am fully depending on local law enforcement and so far have been totally dissapointed by the total absence of urgency.

Sorry you feel that way, but simple assault cases are not that high on the priority meter. It may be to you, but it is likely not that big a thing for them. And, of course, it's not a huge deal to the courts since it likely cannot be proven.

Can anyone tell me if this is normal? Is anything going to happen to this girl?????

is there ANY evidence besides your claim to the assault?

- Carl

[Kane]

It's up to the police to decide whether to seek a warrant. If they do, they'll file an affidavit with the magistrate, and he'll look at it to decide whether there's probable cause.

However, even if they do get a warrant, that doesn't mean she's going to be out of your hair permanently. First of all, she'll have the opportunity to post bond. Second, even if she gets convicted, they're not going to lock her up forever. If it's a misdemeanor, they may not lock her up at all.

Call up the local prosecutors - the county or district attorney's office - and see if they'll help you with a protective order. A protective order, remember, is just a piece of paper. It's not an invisible shield.

I am starting to think that you can just go and assault people in Texas and not have to worry about it if you leave the scene before the police get there! Can anyone tell me if this is normal?

Yes, it's normal. And if you think about it, what's the alternative? If someone called the cops and said, "Hey, beanween assaulted me," what would you want them to do?

[beanween]

Yes I actually do have some evidence of it. I have pictures of the bruises and there was also 2 witnesses to the event. Believe it or not, I know from a very reliable source that she openly tells people that she assaulted me, and that i didnt do anything back to her. She is proud of it i guess. So she admits to doing it and there were 2 witnesses to it as well, dont you think that is enough? Thank you for letting me know that I dont need a lawyer to file a restraining order, I feel a little less hopeless now. I will call today and see if i can get information on a protective order.

[CdwJava]

You have two witnesses ... and what if SHE has two witnesses. The problem with most these cases is they essentially come down to one side (and friends) telling a tale against the other side (and friends). With two alternative explanations for the same event, it's not a case that a DA is going to take to trial.

If she admits to the cops, "Yeah, I popped Beanween for no reason," then they might be able to act on it. But if it goes down, "He hit me first so I hit him back," then it's likely a wash.

These are not cases that are going to preoccupy the DA or the cops. If it can't be sorted out expeditiously, they are going to move on.

Seek the restraining order and take it from there.

- Carl

[beanween]

then that basically answers my question. so NOTHING happens to people who assault other people in texas. so then she can get me in a dark corner somewhere here in town and beat me to a bloody pulp where they cant even recognize me without my dental records and its all okay. Great!!! Geez lets all move to texas shall we ??? Let all the prisons all over the world out to texas because its a big free for all here. just dont kill anyone okay, just punch them and use weapons on them to inflict bodily harm on them then stop before u really do any damage they can show, oh and make sure you dont have anyone to see it, then its TOTALLY okay because they are so busy dealing with that other woman who could afford a lawyer, because she spilt her hot coffee on her. Damn everything really is bigger in texas including the bull****!!

[Jack_David]

Originally Posted by beanween

I have to live in constant fear that if this girl sees me out somewhere she is going to go berserk again and beat my a** again.

You dont have to live in fear, its your choice. If you let fear of anything control you that is your fault and no one elses.

I cant afford a lawyer to get a restraining order or any of that.

Thats not really much of a problem, lawyers and restraining orders wont protect you from criminals anyways.

I am fully depending on local law enforcement and so far have been totally dissapointed by the total absence of urgency.

ROFL, now that is your biggest mistake. The police dont care about you or any other individual. They arent your bodyguards or friends.

In the vast majority of cases the police only investigate crime after the fact rather than stopping it while its happening. However thats not necessarily thier fault, thats just the nature of things. They cannot and should not be everywhere.

You need to step up and take responsibility for your own safety, because ultimately your own protection is up to you.

This is Texas. Get a firearm, learn how to use it, and learn the laws regarding them.

[CdwJava]

Originally Posted by beanween

then that basically answers my question. so NOTHING happens to people who assault other people in texas.

No. That's NOT it. What would you want the courts to do? Find guilt simply on your word?

If that's the case, what if I say that Beanween assaulted me? Should you be convicted just because I said you did it?

Our legal system is not designed that way. And, generally, there is not a strong likelihood of a conviction with two parties both giving contradictory statements.

And you haven't mentioned any injuries as I recall. Were you injured?

so then she can get me in a dark corner somewhere here in town and beat me to a bloody pulp where they cant even recognize me without my dental records and its all okay. Great!!!

JUst a tad melodramatic, wouldn't you say? Besides THAT would be something more than a misdemeanor. This is NOT what happened in this case.


- Carl