Is this considered assault?

Question

I was renting space on my future mother-in-laws property. Yesterday she was screaming at my fiancé and I went to see what was going on and got dragged into the argument. The mother said I was not a man because I was standing behind my fiance trying to deescalate things and told me to stop being a b**** and talk to her face to face. I walked over and kept close to 4-5 feet between us and crossed my arms standing there. The mother then stormed up to me and told me to get out of her face and shoved me unprovoked. I stood my ground, and kept my arms crossed and she backed up and did the exact same thing, approached me unprovoked and shoved me. At this point she told me to leave her house so I did. Since I pay rent to stay there, which includes having access to the house, and I did not provoke her in anyway, would this be considered assault? My fiancé was a witness to this and their indoor security camera would have caught it as well.

John Michael Frick · Answer

This could be considered a Class C misdemeanor assault under Section 22.01(3) of the Texas Penal Code:  "A person commits an offense if the person intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative."  It is punishable by a fine not to exceed $500.

James L. Arrasmith · Answer

In situations like the one you've described, it's understandable to feel confused and seek clarity about your rights. If someone makes uninvited physical contact with you in a manner that is harmful or offensive, it could potentially be considered assault under the law. The specific circumstances, such as the lack of provocation on your part and your intent to deescalate the situation, are significant factors that could support this interpretation. 
 
Since you were paying rent for the space, you had a right to be on the property, and being told to leave under these circumstances complicates the situation further. The presence of a witness and video evidence could be critical in establishing what happened. It's important to document everything and, if you're comfortable, consider speaking with legal counsel to understand your rights and options moving forward. 
 
Taking action in such situations can be challenging, especially when it involves family or close relationships. It may be beneficial to explore all possible resolutions, including mediation or counseling, to address the underlying issues. However, your safety and well-being should always be the priority, so make sure to take steps that align with protecting those.

Q: Is this considered assault?