Is this Assault?

V

Venessa_8

Guest
My parents have been having problems with their neighbor ever since I called cps on him because my three kids witnessed this 6'6 tall man pick up a child of 6 yrs old and throw him to the ground. My kids told me this as I was picking them up after work from my parents house. I had to report it I couldn't have lived with myself knowing that this man was doing this to his step child. Anyways ever since then it's been an ongoing battle. The cops have been called numerous times and nothing is ever done. My dad is 54 year old disabled man. We have on video where this neighbor spits on my brother who is a border patrol agent. And even with us showing the local police this all they ever do is downplay the situation. Always two days ago early in the morning the neighbor came and banged on my dads door screaming about my dads dog a min pin supposedly jumping his fence. Well my dad saw that his Front door had cracked open so when he got to the door this man was in his face cursing and screaming at him so my dad tried to get him out of his face and told him he isn't suppose to be there this man then punched my father twice. When the cop got there he did nothing. My dad had all the marks. And a scraped elbow where he clearly fell. All he said was that we had to wait for his report to get to a detective and they would decide what to do. I called and spoke to the detective yesterday and she informed me that the officer had put in his report that my father was the suspect and the other guy the victim because my dad touched him first. I mean if someone is in my face trying to break in my front door I will defend myself and get this person away no doubt. I just don't understand how this creep keeps getting away with this. The detective also said there might be a chance that my father might get charged for assault. This neighbor has like three assault charges on his record!... So what should we do? Any suggestions? Please help.
 
So your father wasn't just punched when he innocently opened the door, but initiated the assault?
 
ElleMD said:
So your father wasn't just punched when he innocently opened the door, but initiated the assault?
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That's what the officer put in his report. We live in Paris Texas unfortunately I hate to say it but in this town you still see racism. I guess we are just getting a small taste of it being Hispanic. I hate to think that but why else wouldn't this make any sense. This man has been threatening my dad that when he catches him alone he is going to "f" him up. The way I see it is he saw his opportunity and took it. That man by all means was trespassing. He knows very well he can't set foot on my parents property but just because the local police department never has put anything on record. This happened. My brothers and myself have pleaded to get something done because my father stays alone while my mom is at work. But once again nothing all they ever tell us is for us to call the cops.
 
Did your father actually touch this guy at any point? If there is a history of violence, have your father file for a restraining order. The police have better things to do than negotiate disputes between neighbors. Moving is always an option. Actual assaults can be reported but do not expect much to come of it as prosecutors also have better things to do than bring minor disputes before the judge.
 
Yes as I would have done the same in my defense. My dad stopped this guy from barging in his front door and by him doing this then yes my dad touched him. So by doing this, this entitled the neighbor to put his hands on my father. And I agree I'm sure the police have better things to do as we all do. I appreciate your input, as for now I've advised my father to carry his hand gun on him at all times when he is out side his home and in his own yard. I along side with my brothers intend to do whatever it takes to get this issue resolved if the local pd don't somebody will. Someone out there will hear me.
 
No, the proper response is to close the door and not engage. If the guy persists, call the police. You can settle it your way, which hasn't worked yet, at your own peril.
 
ElleMD said:
No, the proper response is to close the door and not engage. If the guy persists, call the police. You can settle it your way, which hasn't worked yet, at your own peril.[/QUOT
The police here have shown to be useless, and yes it's easy to say just close the door but it's hard to do so when an idiot is trying to barge into your house. As for "us" settling it "our way" hasn't worked YET!. But it will.
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Does your Dad keep his front door locked - if not, he might want to consider doing so. You can settle this your own way but at your own peril as the other responder also noted.
 
Betty3 said:
Does your Dad keep his front door locked - if not, he might want to consider doing so. You can settle this your own way but at your own peril as the other responder also noted.
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Yes the door was locked but it's an old house it has them old
Betty3 said:
Does your Dad keep his front door locked - if not, he might want to consider doing so. You can settle this your own way but at your own peril as the other responder also noted.
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My dad of course keeps his door locked. This happened around 7:30 in the morning. My parents front door is an old door with a small crystal doorknob the kind that you need a skeleton key to open. You just turn the latch to lock.
 
Venessa_8 said:
Always two days ago early in the morning the neighbor came and banged on my dads door screaming about my dads dog a min pin supposedly jumping his fence. Well my dad saw that his Front door had cracked open so when he got to the door this man was in his face cursing and screaming at him so my dad tried to get him out of his face and told him he isn't suppose to be there this man then punched my father twice.
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The reason I asked if you Dad kept his door locked is because from your quote above it sounds like the neighbor cracked the door open.
 
Betty3 said:
The reason I asked if you Dad kept his door locked is because from your quote above it sounds like the neighbor cracked the door open.
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Well he did he banged on it so hard that the door cracked open and that's when my dad went to the door and this altercation happened
 
I don't know what world you live in but if anybody tried to break into my hope and if I felt any kind of threat towards me or MY family....that man wouldn't have left walking. It's unfortunate that I wasn't there for my father when this happened but I guarantee you that if I were there or my husband or both my brothers this coward wouldn't have done what he did. Only a man that beats on a child would dare to try to beat on a defenseless disabled man...I'm GLAD BOTH my parents have their concealed hand gun license. It's time to keep them closer. I am still making sure I do everything in my power to get this man charged. One thing for certain is by him spitting on my brother back in March and us having it on video...that's a 3rd degree felony. My brother is federal. I got him on that assault charge so far. I do hope when the times comes and we call the cops they send us a real cop not someone who doesn't know what they talking about.
 
And we will definitely keep that in mind to call the police next time he bangs on the door and cracks it open to come in. I've advised my father as well as my two adoptive little sisters aged 11 & 12 to keep an eye out and record or take pictures if the neighbor crosses the line again so the police can't deny anything anymore as well.
Thanks for your advice
 
Venessa Ramos said:
I don't know what world you live in but if anybody tried to break into my hope and if I felt any kind of threat towards me or MY family....that man wouldn't have left walking. It's unfortunate that I wasn't there for my father when this happened but I guarantee you that if I were there or my husband or both my brothers this coward wouldn't have done what he did. Only a man that beats on a child would dare to try to beat on a defenseless disabled man...I'm GLAD BOTH my parents have their concealed hand gun license. It's time to keep them closer. I am still making sure I do everything in my power to get this man charged. One thing for certain is by him spitting on my brother back in March and us having it on video...that's a 3rd degree felony. My brother is federal. I got him on that assault charge so far. I do hope when the times comes and we call the cops they send us a real cop not someone who doesn't know what they talking about.
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I understand your position, but unfortunately, the law won't.
I say that as Texas judge, former prosecutor, and defense attorney.
Self help remedies often don't end well for the the homeowner.
Yeah, I know what the law says, I have a law degree.
That said, its always best to call the police.
Yes, there are rare situations where self help can't be disputed, but you'd be surprised how often they are disputed.

Its also wise to keep your doors locked, garage door closed, and avoid all physical confrontations.
Now, you're an adult, and you remain free to do whatever you choose to do.
I'm just saying, be very careful when it comes to the use of physical force against others, even when you think you're right.
 
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