Asked 2/9/2016 – Frisco, TX

My husbands 36 yr old son still lives at home has attacked me both physically & verbally several times. Last month he spit on me. He attacked me again & I defended myself &I called 911. The sheriffs came I went to hospital before they left. I thought they arrested him 2 days later they came to the house & said they had a warrant for me for assault CBI. I have never been arrested they were so rude. My husband was no help he said he knew the state would pick it up? What does that mean I don’t understand, aren’t you supposed to call for help if someone attacks you. Punches you throws you down on hardwood floor & into a chest of drawers. I am 57 yrs old I have never had a record or been arrested. Step son has been arrested twice for assault. I am scared because I didn’t do anything wrong. So if someone hits you, you shouldn’t defended yourself and don’t call the police.

Answer

An arrest affidavit is prepared by an officer who either witnessed or investigated the events in question. This affidavit is reviewed by a magistrate who signs the warrant. I’m sorry about your situation, but you are going to have to retain an attorney and make the State prove the case against you. You can’t have a trial over the facts of your case over the internet, so don’ get worked up over the past. Prevent any future incidents. Your son moves out, by himself or with your husband. Your home life is way too dysfunctional, so get control of what you can. Your husband has to support you or you do not have a husband to speak of, particularly if he allows a grown son to live in his house who disrespects his wife. Change your living situation IMMEDIATELY, contact a local attorney and begin working on your case.