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Could I file for assault on a child or a similar charge?

Mckinney, TX |

My fiance and I live together with our 4 children. Two months ago, he became very angry with me and in the course of the argument, he punched the wall (subsequently found out he had broken his hand) and then turned on my 9 year old son. Towering over him, he told him in a horribly threatening tone he would kill my son's father if my son ever did a certain behavior again, and then put his hands around my neck and asked my son if he would like for him (my fiance) to choke me. My son was terrified, hiding in the corner, begging him not to hurt us. We left our home for 3 weeks and went to stay with family. I have my son in counseling and am trying to create peace, but I am afraid it will happen again.
Could I file for assault against my son or myself? Is there a statute of limitations?

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Attorney answers 3


Definitely against you and possibly as to your son. This behavior will not get better without intense counseling. Please seek help for yourself in addition to your son. Call the police immediately to make a report.

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Please, please, please . . . call the police tonight!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


In Texas it is a crime to assault someone by causing them bodily injury, which includes any injury however minor and any pain.

OK, that's the law...but, why would anone put up with being grabbed by the neck hand having a child of there's threatened.

In such a situation, a call to the police is appropriate.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.