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.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Jessica,
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.
Learn more here: Filing a Domestic Abuse Lawsuit
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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