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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5735
Experience:  20 years professional experience
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A owner of the company i was working Up at my house we got

Customer Question

A owner of the company i was working for showed Up at my house we got into an argument on my front porch about work when I told him to get off my property he wouldn't as I went to close my door he pushed his way into my house I went for my gun, he then drew his gun and said ( want to play mother f**ker) my wife woke up and saw me getting my gun she then ram out to him and said I have kids here get off my property before I mad it to him he was walking up the driveway saying I'll come to finsh this if cops are called. This can't happened.
Submitted: 3 months ago.
Category: Employment Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Can you please state your specific legal question so we know what type of answer you are looking for?

Customer: replied 3 months ago.
Can I sue him for putting my family threw that.
Expert:  Maverick replied 3 months ago.

Yes, you can sue him for civil assault. This is what you must prove by the greater weight of the evidence under TX law:

A person commits an assault/battery if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another;
(2) intentionally or knowingly threatens another with imminent bodily injury; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Hall v. Sonic Drive-In of Angleton, Inc., 177 S.W.3d 636, 649-50 (Tex.App.-Houston [1st Dist.] 2005, pet. denied). (citing Tex. Pen.Code Ann. § 22.01(a)).

It is not a defense to an assault and battery claim that no actual bodily injury was caused. All that is required is an invasion of anything closely related to the plaintiff's body. Further, A person who has a right to be present at the location where the force is used, who has not provoked the other person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using self-defense force.

In a successful assault or battery suit, you can get damages for the injuries and expenses that resulted from the tort. That usually includes any medical expenses, lost wages, or pain and suffering that the victim experienced. If the assault or battery was especially traumatic, the plaintiff may receive damages to cover the cost of therapy as well. Victims of these intentional torts can receive a special type of damages known as punitive damages. Punitive damages are meant to penalize the defendant for especially appalling behavior and deter others from engaging in similar conduct.

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