Q: Stranger opens my car door.
If a stranger opens the rear door where my 10 year old child is sitting, but has not yet entered the car. May I use force immediately and preemptively to protect the child? I am assuming that anyone who opens a car door without permission is a danger to my child. If he did intend to hurt the child, then there is no time to discuss it. The fact that he opened my car door makes him a danger, in my opinion.
A: In Texas, the use of force to protect yourself or others is generally governed by the state's self-defense laws. While there is a legal concept known as the "castle doctrine," which allows individuals to use force, including deadly force, to protect their homes and vehicles in certain situations, the specifics can vary. In a situation where a stranger opens your car door with your child inside, you may have the right to use force to defend your child, but the circumstances and the level of force used should be reasonable and proportional to the perceived threat. It's advisable to prioritize your safety and the safety of your child, and if you find yourself in such a situation, you should contact law enforcement immediately to report the incident and let them handle the investigation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
