How To Prove A Texas Assault and Battery Claim

 

 

In Texas, a claim of Assault and Battery is defined as:

Assault and Battery occurs when a party intentionally creates imminent fear in another party (assault), followed by intentionally touching the party in a hostile manner (Battery). In Texas, the elements for assault and battery are identical.

It simply means:

Making someone believe they are going to be physically harmed and following it up by touching.

There are 3 elements of the claim:

• Element 1. The defendant intentionally, knowingly, or recklessly made physical contact with another person or intentionally or knowingly threatened another with imminent bodily injury. The defendant either meant to, knew they were doing it, or didn’t care about hurting someone by physically touching them, or they threatened to hurt someone right away.
  

  Facts that might support this element look like:

  * The defendant approached the victim in a confrontational manner, raising their fists and shouting threats of violence.
  * The defendant forcefully shoved the victim during an argument, causing the victim to stumble backward.
  * The defendant swung their arm and struck the victim in the face, resulting in visible bruising.
  * The defendant repeatedly threatened the victim with physical harm while standing just inches away.
  * The defendant intentionally threw an object at the victim, narrowly missing and causing fear of imminent injury.

• Element 2. The defendant knew or should have reasonably believed the other person would regard the contact as offensive or provocative. This means that the person being accused of assault or battery either knew or should have known that their actions would likely upset or provoke the other person, making it reasonable for that person to feel offended by the contact.
  

  Facts that might support this element look like:

  * The defendant had previously been warned by the victim that physical contact would be unwelcome and offensive.
  * Witnesses observed the defendant’s aggressive behavior leading up to the incident, indicating a clear intent to provoke.
  * The defendant was aware that the victim had a history of trauma related to physical altercations, making the contact particularly offensive.
  * The defendant made derogatory comments immediately before the contact, suggesting an intention to provoke a negative reaction.
  * The defendant had been drinking heavily and was visibly agitated, which should have alerted them to the potential for the victim to perceive the contact as offensive.

• Element 3. The defendant’s contact with the other person was offensive and insulting, or it resulted in actual physical harm. In an assault and battery claim, this means that the defendant’s actions towards another person were either hurtful and disrespectful or caused real physical injury to that person.
  

  Facts that might support this element look like:

  * The defendant approached the plaintiff aggressively, shouting derogatory remarks that caused the plaintiff significant emotional distress.
  * During the encounter, the defendant pushed the plaintiff, resulting in visible bruising on the plaintiff’s arm.
  * The defendant threw an object at the plaintiff, narrowly missing and causing the plaintiff to fear for their safety.
  * Witnesses observed the defendant making threatening gestures towards the plaintiff, which contributed to a hostile environment.
  * The defendant’s actions led to the plaintiff requiring medical attention for injuries sustained during the altercation.

^{(See Green v. Industrial Specialty Contractors, 1 SW 3d 126 – Tex: Court of Appeals 1999. Waffle House, Inc. v. Williams, 313 SW 3d 796 – Tex: Supreme Court 2010. Texas Penal Code 22.01.)}
If you’re representing yourself in court and plan to assert a claim of Assault and Battery, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your TX Assault and Battery Claim

U.S. Civil Cases Only