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Here back in march of 2016 I was in a incident involving

family as well my 3...
here back in march of 2016 I was in a incident involving family as well my 3 younger children was there spending the weekend with me and I was assaulted from behind with a weapon in front of my children at the time I tried getting them away from the incident and I was hit in the back of the head and blood gushing down my face I responded by defending myself as well as protecting my kids from being harmed and the incident traumatized my 3 young children ages was 7,5,3 years old. I managed to get them out of the house and some of my other family members lived next door called the police where I collapsed in her yard I was transported by via ambulance to the hospital where I had a deep gash where I had to get 5 staples in the back of my head and wound marks on my neck and back where I was attacked by 2 family members a month later I was arrested for a felony 3 assault family violence charge due to their word against mine and the other occupiants wasn't charged or arrested and I suffered from the attack I was asking if my 7 year old daughter could be my key witness when I go to court in a few weeks since she saw everything and can describe it to a t to save me from going to prison for being falsly accused
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Texas and the charge is felony 3 assault aggravated time they accused me of choking breathe circulation on my mother..which at no time did I ever place no hands on her..her boyfriend is the one that hit me from behind with the weapon while I had my back turned from him lookin derectly into my kids eyes
JA: Has anything been filed or reported?
Customer: a few days after the incident i went to the sheriffs department to file charges on my behalf with severve head aches due to the incidient and i spoke to the dispatcher and requested to file a statement on my behalf which at the time their was a major flood in our area and she requested me to talk to the officers that was on scene to file a statement and i responded i don't remember who they were due to me having lots of blood dried to my face and couldn't see or was i coherent and also the officers that came to the scene took my drivers license and i also asked the dispatcher bout my license as well and i was told they didn't hAVE THEM ... a month after the incident at approximately 10 30 pm 6 police officer cop cars arrived at the residence where i was residing at that time and one officer was disrespectful and bargged in my grandmothers house being disrespectful and without a warrant and came in my room as i was getting dressed and i asked him out of respect to please put the handcuffs on me when i step out side due to the fact i didn't want my daughter and grandmother witnessing me bein arrested for something i didn't commit and escorted me with cuffs on to the car..
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes that time i was essorted to bein processed i was granted access to fill out my statement while i was in the processing room and after a month later i was also handed my drivers license
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Answered in 7 hours by:
1/7/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,478
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you were the one attacked and the police never bothered to investigate and at least speak to the 7 year old, even though most children under 10 are not qualified in court to be witnesses, then you are describing a negligent investigation, which can be considered gross negligence when it comes to a domestic violence case and grounds to sue the police officers for civil rights violations for false arrest. That is the first thing.
Second, you have a right to sue the family members who attacked you for battery and the injuries you suffered PLUS your pain and suffering and emotional distress and potentially the emotional distress for your children as well who witnessed the assault as bystanders in what is called a bystander suit.
At this point, first you need to get an attorney to deal with the arrest in court. Then you need to seek out a local civil rights attorney which you can find at the same sites used by other attorneys, http://www.hg.org to sue the police for civil rights violations, as well as a civil attorney who can file suit against the family members on behalf of you and the children.
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Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,478
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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