family violence

Domicile Restriction Despite Family Violence

The Amarillo Court of Appeals upheld a domicile restriction to Tarrant County even though the father was convicted of physically abusing the mother. In re: A.S., 298 S.W.3d 834 (Tex. App. - Amarillo 2009). But what a difference the jurisdiction can make. At what point does a court become a "family czar with unlimited authority to order the parents to do anything that the court believes is in the best interests of the child?” See Allbright v. Allbright, 215 P.3d 472 (Ida. 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Spanking With Spark Plug Wire Not Family Violence

The Amarillo Court of Appeals affirmed a trial court's decision to appoint a father as joint managing conservator because the trial court found no credible evidence of family violence even though the father admitted backhanding one stepson, spanking another with a spark plug wire, jerking his daughter's arm and threatening to spank her by taking off his belt, hitting the filing cabinet with it and telling the daughter that he would "give her a reason to cry."In the Interest of B.R.P., No. 11-07-00255-CV (Tex. App. - Amarillo May 14, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Good Advice from a Wise Judge

Texas law states that a family violence Protective Order can be granted when family violence has occurred and is likely to occur again in the future. Tex. Fam. Code § 81.001. In Gonzalez v. Galvan, No. 13-08-488-CV (Tex. App. - Corpus Christi Apr. 23, 2009).there was evidence of family violence, but the trial court denied a Protective Order because he did not think it would reoccur in the future. The Corpus Christi Court of Appeals affirmed, quoting the trial judge's advice to the parties: "Separate, people. Get away from one another and knock it off before one of you ends up in prison because that's where this is going."

Courtesy of Verner & Brumley, P.C. Dallas, Texas