family violence
Domicile Restriction Despite Family Violence
November 27, 2009
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
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Spanking With Spark Plug Wire Not Family Violence
May 19, 2009
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
Courtesy of Verner & Brumley, P.C. Dallas, Texas
Good Advice from a Wise Judge
April 30, 2009
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
Courtesy of Verner & Brumley, P.C. Dallas, Texas