Assault & Battery Assault by contactAssault by contact

[User731]

Jurisdiction

Texas

There was an incident This past weekend where a child's grandmother assaulted me and I called in to press charges for assault by contact on her. I am told I have to wait for a detective to contact her and take her statement. This happened publicly at the child's football game.

With that being done will there be a chance of her getting off the hook for the assault? upon going to court will I have to have a lawyer present? Also will she be held responsible for the court fees once found guilty?

How can I obtain a retraining order against her and what documents would I need to present? I read that there is an affidavit needed and I do not know how to obtain that. Would the police report be enough?

 

[adjusterjack]

With that being done will there be a chance of her getting off the hook for the assault?

Depends on what you mean by "contact" and how seriously the authorities want to take it.

Care to provide details?

upon going to court will I have to have a lawyer present?

No. The prosecutor represents you.

Also will she be held responsible for the court fees once found guilty?

There may be some fees included in fines if she gets fined.

How can I obtain a retraining order against her and what documents would I need to present?

"Retraining" doesn't make sense. On the chance that you mean restraining order there are likely to be forms and instructions on your local court's website. Did you look there?

If there is an affidavit required, that gets written by you. If there were witnesses you might attach their written statements although I imagine that there will be a hearing at some point where you and your witnesses will have to testify. The police report is not "evidence" of anything other than that you made a police report.

 

[army judge]

With that being done will there be a chance of her getting off the hook for the assault?

Never predict what the police might do, simply prepare for an arrest.
If arrested, cooperate, and invoke, by saying, "I politely decline to speak about this alleged incident until I have spoken with my attorney I must remain silent as is my right under our law."

No matter what the police do or say, remain calm, and don't comment on the case or charges, not even to say you're innocent.

upon going to court will I have to have a lawyer present?

When you finally get to see a judge, you plead NOT guilty and ask if you qualidy for a public defender, or hire your own if you can afford one.

Also will she be held responsible for the court fees once found guilty?

If you're found guilty, YOU will be required to pay any fees, fines, and costs as a result of yoru conviction.

How can I obtain a retraining order against her and what documents would I need to present?

Why bother with a restraining order?

All you need to do is impose self restraint on yourself and stay away from her and her relatives.

I read that there is an affidavit needed and I do not know how to obtain that. Would the police report be enough?

Stop worrying and wait until you know more.
Once you have a lawyer, work with your lawyer to protect yourself.
Until you're charged, stay away from her and her relatives.
If you are charged, keep staying away from her.

 

[User731]

I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week.

Depends on what you mean by "contact" and how seriously the authorities want to take it.

Care to provide details?



No. The prosecutor represents you.



There may be some fees included in fines if she gets fined.



"Retraining" doesn't make sense. On the chance that you mean restraining order there are likely to be forms and instructions on your local court's website. Did you look there?

If there is an affidavit required, that gets written by you. If there were witnesses you might attach their written statements although I imagine that there will be a hearing at some point where you and your witnesses will have to testify. The police report is not "evidence" of anything other than that you made a police report.

I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week. We did not expect her to show up. There was not a conflict until I was needing to take the child and go home.

 

[army judge]

I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week.



I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week. We did not expect her to show up. There was not a conflict until I was needing to take the child and go home.

Okay, makes no difference.
You informed the police, the police are investigating, nothing more to do until you learn more.
The prosecutor may decide to do nothing, if that happens, you move on.
In the future, I suggest you tell the father to retrieve his kid.
Its always best to stay out of things that don't involve you.

 

[adjusterjack]

She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work.

Oh, let me take a wild guess here.

Grandmother is ex-spouse's mother.

You are the father's new wife or girl-friend.

 

[User731]

Thank you and Yes I understand to stay out of the situation if it does not involve me but we just had a trial against the mother and grandmother and I am instructed not to let them take her. We just finished a court case against the mother and grandmother and I am the person ordered to take and watch The child during his visitation week when he is at work or when he has to go to work. This is stated in the court papers and they were trying to prevent me from doing so. That is why I asked about the restraining order to prevent them from trying to take her because the officer I spoke to suggested to get one.

 

[adjusterjack]

That is why I asked about the restraining order to prevent them from trying to take her because the officer I spoke to suggested to get one.

Again, your local court should have forms and instructions on its website.

 

[User731]

Thank you

 

[army judge]

Thank you and Yes I understand to stay out of the situation if it does not involve me but we just had a trial against the mother and grandmother and I am instructed not to let them take her. We just finished a court case against the mother and grandmother and I am the person ordered to take and watch The child during his visitation week when he is at work or when he has to go to work. This is stated in the court papers and they were trying to prevent me from doing so. That is why I asked about the restraining order to prevent them from trying to take her because the officer I spoke to suggested to get one.

Let's say you seek and receive a restraining order.
How is that easier than YOU simply restraining yourself to stay 2 miles away from her, or anyone?
Are you really that in the tank for him/her/it that you're cool with being his/her/it's messenger or servant?
If the parent that has so smitten you is so concerned with parental rights, why can't he/she/it pick up the kid?

No need to respond.
These are merely rhetorical questions.
I love to challenge myself.

Good luck.

 

[leslie82]

I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week.



I did not do anything to her. She slapped me. That is why I am Pressing charges against her. This happened when we were trying to leave the game. She approached me because we needed to leave and she did not want her granddaughter to leave yet but the father instructed for me to take her home because he had to leave the game early for work. This is during his visitation week. We did not expect her to show up. There was not a conflict until I was needing to take the child and go home.

You filed a police report. You don't get to decide to press charges. That's up to the prosecutor. You filled out a report. The police will investigate. Nothing more you can do.