Suicide prevention assault

[Lostmom86]

Jurisdiction

Texas

So I will try to make this as brief as possible. Last weekend I became suicidal. This is an issue I have had for years, and have received medical treatment for. However, during this time he recorded everything to document what went on in case anything happened. During this recording I grabbed a knife and was threatening suicide. It showd him struggle with me to get the knife and then knee me in the underarm to get me to release it. It was a bad situation, I know. But CPS has now forceable taken our children saying and saying they will charge my husband with assault for getting a weapon away from me. Is this not something he is protected by the good samaritan law with? His only other option was to wait for an ambulance because he had already called 911. In that time I likely could have hurt myself. At that he did not give the video to anyone and it was stolen off his phone by his mother. So it was not obtained legally either. But more importantly are they able to charge him with assault for trying to keep me safe like he did?

 

[adjusterjack]

At that he did not give the video to anyone and it was stolen off his phone by his mother. So it was not obtained legally either.

Nothing illegal about that. Obviously, if his mother had access to the phone, she had it with his consent (express or implied).

But more importantly are they able to charge him with assault for trying to keep me safe like he did?

CPS doesn't "charge" anybody with anything. They can report the incident to the police and then it's up to the authorities to prosecute. If that happens, he should keep his mouth shut and hire an attorney.

Meantime, CPS can certainly keep your children away from the two of you (even without prosecution) until the violence in the household is resolved.