Bartholomew Roberts
Moderator
The way the civil lawsuit protection works in Texas is:
1) The person files a civil suit, probably before or while the criminal
stuff is being sorted out.
2) You delay the civil suit until you are no-billed or otherwise acquitted (usually - I’m aware of one out of state case where they settled the civil suit before the criminal because in order to get insurance to pay, the attacker had to admit he was on the defender’s property and that admission was used to free the shooter in the criminal trial).
3) Your lawyer files a motion to dismiss based on the Texas law and the judge hears the motion. He can also go after the plaintiff for attorney’s fees if the plaintiff has anything to take.
So in procedural terms, you’d still need to pay a lawyer. In practical terms, no lawyer is likely to take such a case unless he is getting paid up front or thinks you are going to be found guilty criminally, so not many suits get filed.
1) The person files a civil suit, probably before or while the criminal
stuff is being sorted out.
2) You delay the civil suit until you are no-billed or otherwise acquitted (usually - I’m aware of one out of state case where they settled the civil suit before the criminal because in order to get insurance to pay, the attacker had to admit he was on the defender’s property and that admission was used to free the shooter in the criminal trial).
3) Your lawyer files a motion to dismiss based on the Texas law and the judge hears the motion. He can also go after the plaintiff for attorney’s fees if the plaintiff has anything to take.
So in procedural terms, you’d still need to pay a lawyer. In practical terms, no lawyer is likely to take such a case unless he is getting paid up front or thinks you are going to be found guilty criminally, so not many suits get filed.