Assault Charges/Options?

What is the name of your state? TX


I was assaulted a few days ago on my front yard by my girlfriends ex-husband. I made no efforts in retaliating because I know with his crazy past all I would have to do is report it. I am currently using this to help the leverage in my girlfriend getting full custody of her son because of the fathers drug use and violent behavior. I was told I can file charges against him, which he would ultimately pay a fine and it would go on his record. I was wondering if it's even possible just to have it on his record, without any penalty of a fine or jail time or anything like that. I know it's odd, but it's what I was hoping could happen. Just something go on his record or on file of what happened.

The penalty is up to the judge, not to you.

So if you want to get hit again next week, do nothing. Otherwise, call the police. You should have called right after you were hit.

Be careful about using it as "leverage." In the first place, prosecutors don't like it. In the second, depending on what you mean, you could get into trouble yourself.

If you do report it, it'll be up to the police and the prosecutor (and the defendant and his lawyer) to decide what happens. The prosecutor might very well ask you what you want, but they're not bound by it. Ultimately it'll be up to a judge or a jury, if it goes to trial.

Of course, if you're assaulted, you should report it. But it'd be better if you reported it because you were assaulted, not because you wanted to affect a custody case.

Wow.

I think the whole leverage thing is stupid.

What are you going to do? Tell him to give yall the kid or else you will report him?

Better to have called the police right away and pressed charges. I'm sure you would have a better chance of getting custody of the kid if he was in jail.

Now that you have waited, he could probably just play innocent and claim you are making the whole thing up to get his kid.

IMO the best thing you could have done would have been for you to defend yourself using deadly force, that would have killed two birds with one stone, somewhat litterally.

I mean cmon you just let some chump assault you in your own front yard without doing anything?