How to fight physical, emotional, and financial abuse by ex-boyfriend?

by Jessica
(Houston, TX)

Early this year my ex-boyfriend assaulted me. Due to previous ongoing domestic disputes, calls received by the police and the evidence provided, my ex-boyfriend was not given any criminal charges. I retained the evidence of the assault, but the Prosecutor said it wasn't enough evidence to press criminal charges.

Even before the assault, there have been other domestic disturbances with my partner at his home, causing me emotional, psychological and physical stress. I have no protective order and he is now pressing charges against me for trespassing in his home, because I wanted to remove my personal belongings.

I would like to know if I can take my ex-boyfriend/partner to court on civil and tort charges. I have evidence and there are police reports. How can I pursue this legally? Thank you.

Visitor Question:
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ANSWER for "How to fight physical, emotional, and financial abuse by ex-boyfriend?":

Jessica (Houston, TX):

When filing a trespassing charge against you, your ex-boyfriend likely relied on the Texas Trespassing Statute, Section 30.05 (a)(1)(2). That statute can be summarized in part as follows...

"A person commits an offense if the person enters or remains on property of another, including residential land, without the effective consent, and the person entering or remaining on the property:

(1) had notice the entry was forbidden; or
(2) received notice to depart but failed to do so."

To pursue a successful claim for compensation against your boyfriend will require evidence he assaulted you, and as result of that assault you were injured and required medical treatment.

Barring proof of injuries and medical treatment, you will have a very difficult time establishing a viable personal injury claim against him. Police reports may help, but unless your ex-boyfriend was arrested or cited by the police for assaulting you, a claim for compensation against him may fail.

Moreover, unless your ex-boyfriend has substantial assets, pursuing him for compensation would likely be a futile exercise.

Because you are aware of your boyfriend's violent tendencies, you have a duty to mitigate circumstances which may lead to your being injured in the future. This means if you know you may be injured if you go near your ex-boyfriend, or his home, you must take all reasonable steps to avoid doing so.

If, knowing you may be injured you still go to his home, and he injures you, you may have a difficult time pursuing a successful injury claim against him.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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