Should I be worried about myself getting consequences?
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Should I be worried about myself getting consequences?
My roommate broke into my room when the door was locked. He broke it off the hinges and destroyed my property – TV, PS4, iPhone, walls. I kept my calm and asked him to get out. After a couple minutes he wouldn’t leave so I had to kick him out of my room; I put him in a headlock and walked him out of my room. However, he had broken the door down therefore it was easy for him to just keep coming back in which he did after I told him to get out. When I was putting the door back up he rammed it and it hit me in the face and my nose started bleeding. I got furious and hit him back and we started fighting. He went to jail that night and nothing happened to me. He now has burglary, family violence, criminal mischief charges. However I think his family wants to sue me for beating him.I am much bigger than him so I didn’t have much injury, except for some bruises and my bleeding nose. A lot of peers have told me I shouldn’t be worried since he is the one that went to jail and received those charges, and that I acted in self-defense. However, if that were true I don’t understand why his family is trying to fight me in court since it seems to me like they will just lose. I have been extremely emotionally distressed and my anxiety has gotten worst since that night. I just want some peace of mind.
Asked on November 2, 2016 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Before you file, you may want to have an attorney look over your case to prepare defense to any civil claims your roommate may try to assert against you.
Your friends are generally correct in that if your roommate was arrested and charged, then it looks like he will be the one facing criminal responsibility. However, that doesn't stop him or his family from filing a civil suit. If you file a suit, you will open yourself up to being cross-examined in your own suit. If you accidentally make a mistatement, it could be used against you in the criminal case or a compainion civil case.
Basically, you're in a good position because law enforcement is working with you. Just make sure you have good high cover before filing anything else.
In the mean time, if you are having anxieties because of that night, contact the victim impact coordinator for the DA's office that is handling the charges. They can connect you with resources to assist with counseling to deal with the stress and anxiety of that night.
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