because a police officer wouldn’t file charges on my ex husband for assault because I didn’t show any bruises

Question

And of course my ex husband stated that he didn’t touch me. While he was getting questioned about assaulting me and while he was denying it, the officer said he smelled of Alcohol, and promptly failed a field sobriety test, he refused a breathalyzer, and refused to give blood. They had to get an emergency warrant to get his blood. The officer didn’t charge my ex husband with assault. My ex husband’s blood came back from TX DPS and his BAC was 0.15. Now the DA told me also that they probably can’t get an assault charge either on my ex husband because the video at the convenience store that had cameras outside, didn’t catch him hit me, they said the video was too far away and not clear enough. How does this justify me not getting an assault charge against him?! What resources do victims of violence have when police officers and the DA side with the offender?! This has been a nightmare, worse I want the assault charge because I was holding our son in my arms when he struck me.

Grant St Julian III · Answer

A criminal charge can only be instituted by the State;  if the police/District Attorney do not believe enough evidence exists to pursue such charges, then your only recourse is to file a civil suit for personal injury against the person who assaulted you.

Kiele Linroth Pace · Answer

The alleged victim has the right to report your accusations to law enforcement, which you have already done.  However, the alleged victim is not a party to a criminal case.  Only the state can file a criminal case and, after reviewing the evidence, the attorney for the state concluded that there is not Probable Cause to believe your husband committed the offense.  That is pretty much the end of it because the state can't bring a case without Probable Cause. 
 
If you suffered an injury you could sue him in civil court where the burden of proof is much lower.  It may be difficult to get a Personal Injury attorney interested in your case unless the quantifiable damage (e.g. hospital bill) is tens of thousands of dollars.  Otherwise, you might have more luck in small claims court.  
 
Another possible remedy in civil law is pursuing a Family Violence Protective Order.  This does not require the same burden of proof as a criminal case but you must show that Family Violence has happened in the past and is likely to happen again.  The District Attorney's office may represent you for free in this type of case but, if you don't like the DA, you could also hire a private attorney.  This is different from a criminal case where a private attorney can't bring charges, only the state's attorney. 
 
One final idea is a Peace Bond from your local JP court precinct.  This is a sort of small-claims action where the Justice of the Peace orders an aggressive person to put money on deposit with the county (bond) for some period of time.  If the person commits a breach of the peace during that time then the bond money is forfeited.

Q: because a police officer wouldn’t file charges on my ex husband for assault because I didn’t show any bruises