Assault With Bodily Injury - Texas

[MilMan]

What is the name of your state? Texas

Long story short....I had been broken up with my ex for about 4 months in which case she moved out of the apartment. She calls one night and wants to come over around 2am. I stated that she wasn't because she was drunk and on cocaine and told her to call me the next day when she sobered up because she is extremely violent and disruptive when she drinks. Around 7am I awake with her on top of me and she pours Isopropyl Rubbing Alcohol in my eyes and beings hitting me in the head and chest. I move her off of me and go into the bathroom where she follows and continues to assault me while I use the rest room. She accused me of seeing another woman which of course I was but it didn't matter because we were broken up. She proceeded to throw my cell phone at which point I grabbed her wrist and pried the phone from her hands doing no damage to her wrist. I proceeded again back to the bedroom to lay down and she started close fist punching me and tried to pull my hair...at this point I pushed her off of me and she fell on her butt...got up and said she was calling the cops. I was pretty beaten up so I told her to go ahead. I get back in bed and go to sleep. Two hours later 2 cops come in my bedroom and detain me without asking what happened and the state presses charges on me (not the ex girlfriend) and refuse to take her after I requested charges be pressed on her because I had visible injuries to my arms, face and eyes. She didn't provide a written statement nor where any pictures taken of her alleged injury but I have taken pictures of mine. She now lives out of state half way across the country and has already expressed to me she will not be having anything to do with the trial. I've already gotten a lawyer and had my pre-trial and it has already been decided by the state that it's going to a jury trial. My lawyer says he is almost certain it will get dismissed because there is no evidence of me doing any wrong doing and everything points to my only contact with her was self defense. Oh and also a year prior to this incident she broke my nose which is medically documented by my doctor and my commander (I'm in the military).

What are the experts opinions on this case of me getting it dismissed because I lose my career if I'm convicted of this.

 

[MilMan]

Not one response!!?? Come on!!!

 

[Just Blue]

Why didn't you call the police? Why did you go back to bed?

And please explain this contradictory statement.

She proceeded to throw my cell phone at which point I grabbed her wrist and pried the phone from her hands doing no damage to her wrist

If she threw your cell...how was it in her hand?

IMHO your story doesn't jive. A drunk, drug addled mad women breaks into your home and proceeds to violently assault you...And you go back to sleep??

 

[moburkes]

She was pouring alcohol into your eyes, and you went to the bathroom to pee????????????

 

[stealth2]

This story has more holes than a sieve.

 

[MilMan]

It's just hard to fit it all in a forum post.

Let me clarify...she was about to throw my phone...she wound back and thats when I grabber her wrist

After she poured the alcohol in my eyes I went into the bathroom to urinate yes

She didn't break into my apartment. She was still on the lease and had a key

I'm not lying about anything but that isn't even the point..I'm asking if, based on what I'm telling you, my chances in court...I didn't ask for your opinion on if you believe my story or not sheesh. If you don't believe me fine...makes no difference to me because this is what happened. I wasn't going to call the cops on her because I'm in the military and I didn't want to deal with any of it and I also didn't want her to get in trouble...I was a fool.

 

[moburkes]

My opinion is that, based on your story NOT making sense, you are lying somewhere, and the judge will think the same thing.

 

[MilMan]

im not lying about anything my god! What do you need clarification on?

She DID NOT press charges...the state did...why, I have no damn clue but it happens quite regularly in Texas per my attorney.

What isn't making sense? This is what actually happened...moburkes if you don't have any advice then don't post anything plain and simple. I have no reason to lie here...this is what happened and all I'm asking is for my odds in court.

My ex has mental problems and was being seen for them at the time. She was on Wellbutrin, Xanex, and some other crap. She attempted suicide before I met her, bi-polar disorder runs heavily in her family, violent mood swings. If you want to be bias because you don't like my story that is fine...dont post anything especially if you wouldn't have anything sufficient to add anyways.

The reason I didn't call the cops is because for one...I'm in the military and unless you are actually in or have been in the military you have no idea the red tape that is involved with EVERYTHING. When she broke my nose, there was this huge investigation and I had to go to these stupid meetings because I was in an abusive relationship where I was the only male and then my commander could also have put a stop order on any contact with her and I didn't want that at the time because I wanted to work with her and I loved her...I've since wised up.

Story aside...there is no written statement, no pictures, nothing and she will not be at the trial.

 

[MyHouse]

I believe the OP. OP, make sure your PM is on. I know of a support group for people who have dealt with women like this and may be able to assist.

 

[MilMan]

Yeah myhouse, I've heard of them too. I just loved her so much I put up with it. She had done other crazy things in the past too. She kicked my car door in before because she wanted to go out and party but I wanted to go home early because I had P.T. early the next morning. She assaulted me once while I was sleeping by yanking on my penis and squeezing my testicles so hard I thought I was going to pass out (thought I was cheating and she ws drunk). She liked to take a lot of pills when she was depressed and she also would pull out knives once in a while and threaten to kill herself. She was just a girl with a lot of problems and I couldn't do anything to help her. I'm not violent person at all and I would just put up with it. Granted, that night I did push her off me quite hard but it was honestly to just get her off of me, she was going insane and she can hit pretty hard. I'm a pretty big guy (about 6' 4" / 220 Pounds) and believe me, If I were to actually hit her she would have went to the hospital and there would have been no doubt that I assaulted her. I was in one fight when I was like in 7th grade...I'm a big teddy bear but I think that's why she did it to me because she knew I wouldn't hit back.

Thanks for the post house...oh and I just enabled PMs so If you already sent it...you might need to send it again.

 

[xylene]

How has she made it clear she won't be at trial?

Because if you are still having contact with her, that isn't good.

Have you filled a restraing order against her?

 

[moburkes]

Prosecutors are the ones who press charges. Not victims. Many victims decide they don't want any parts of a trial after calling the police.

 

[Zigner]

OP -

Your question is useless here. We are not fortune tellers and we are not seers. We do not have access to anything but a short, one-sided blurb from you.
Your lawyer is the best one to ask what your chances are...

 

[MilMan]

Prosecutors are the ones who press charges. Not victims. Many victims decide they don't want any parts of a trial after calling the police.

-Umm...a victim may press charges as well and in my case the DA picked up the charges but in the state of Texas the police almost always take someone to jail if they are called and that is straight from the mouth of the cops that took me in.

How has she made it clear she won't be at trial?

-Because we've talked since then...this was almost a year ago and I never had a no contact order or restraining order so I wasn't breaking any law. She lives out of state now in Nevada. We had to arrange her getting her things out of my apartment etc.

Because if you are still having contact with her, that isn't good.

-In this case it doesn't matter..we have both since moved on and have new partners

Have you filled a restraing order against her?

-No I haven't. There is no point for one.


I'm not asking for anyone to predict the future or tell me fortunes...I'm simply asking if anyone with even a scintilla of legal knowledge would think about this pre-trial or if it's happened to anyone else.

 

[Zigner]

If I were to actually hit her she would have went to the hospital and there would have been no doubt that I assaulted her.

Saying this makes you lose alot of credibility.