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Domestic Tort Lawyers
Domestic tort claims, like any other type of tort claim, are designed to promote public safety. It may help shatter the victims’ silence. It also has the potential to prevent fallacies such as the myth that abusive spouses from low-income families hurt their partners. Domestic abuse, in fact, affects people from all walks of life and across a wide range of professional disciplines, including doctors and lawyers to blue-collar workers and the self-employed. Domestic violence affects everyone, regardless of age or religion.
One of the most difficult aspects of tort law is domestic or marital abuse claims. Typical roadblocks to bringing these claims include factual disputes over a physical assault, “she hit me first” accusations of being a co-batterer, homeowner’s insurance gaps, finding non-exempt assets to pay off a judgment, and causation—particularly for emotional distress damages.
Texas Personal Injury Lawyers can assist clients in civil tort actions related to domestic relations issues as a result of our family law practice. These claims include assault, battery, libel, slander, defamation, and intentional infliction of emotional distress.
Please contact our civil lawyers to book a free case evaluation and learn more about how we can help you in your domestic tort lawsuit.
Things To Consider Before Filing A Domestic Tort Lawsuit
Victims of domestic torts frequently have lost their sense of control and emotional release. Suing your batterer might give them a feeling of control and emotional release. Domestic tort victims could be eligible for the following types of damages:
Keep in mind that any lawsuit involves a lot of stress. Because of the strain on family ties, legal battles with family members can be much more stressful. It’s typically difficult enough for victims to call the police or file for a restraining order against their abusers without adding additional stress. Taking the aggressor to court may be difficult in and of itself. When victims understand their position, they might be willing to fight back. For victims, going through the legal process of bringing their partner to justice may serve as a type of closure—an opportunity to start over.
Texas Domestic Tort Laws
Texas does not have a specific statute dealing with domestic torts. Family violence or dating violence, on the other hand, is prosecuted under Texas assault laws. However, where there was a prior assault, additional penalties and limitations may apply to the penalties for assaulting one’s family member, dating partner, or resident of the same house.
A simple assault occurs when a person knowingly, intentionally, or recklessly assaults another.
- Causes bodily injury to another person
- Threatens another person with imminent bodily injury, or
- Causes physical contact with another person knowing (or reasonably should have known) that person would find it provocative or offensive.
Aggravated assault occurs when a person commits a simple assault, and:
- Causes serious bodily injury to another person, including a spouse; or
- Uses or exhibits a deadly weapon during the commission of the assault.
Family Or Household Member Or Those In A Dating Relationship
The alleged abuser’s and the alleged victim’s relationship can elevate the crime to a more serious level, such as from a misdemeanor to a felony or from an infraction to a misdemeanor. Domestic tort claims have the following unique relationships:
- Family Violence
- Household Member Violence
- Dating Violence
Family violence is defined in Texas Family Code § 71.004 as an act against a family member that is intended to result in bodily injury, assault, or sexual assault. A threat that reasonably places the victim in fear of imminent harm, injury, or assault is also considered family violence.
Family members are defined as those who are related by blood or affinity (such as marriage). This includes:
- Former spouse,
- Parents of the same child,
- Adopted children,
- Foster children
- Foster parents,
- Aunts and uncles,
Household Member Violence
A household member under Tex. Fam. Code § 71.005 is anyone who resides in the same house, regardless of their relationship to one another. It includes a person who previously resided in a family’s home.
Simple Assault Against A Family Or Household Member
A simple assault is classified as a Class A misdemeanor. Domestic simple assault, on the other hand, is regarded as a third-degree felony if the defendant:
- Has committed a prior domestic assault, or
- The pressure was applied to the throat or neck, blocking the nose or mouth, or restricting blood flow by obstructing the person’s breathing or circulation of blood.
If the defendant has previously assaulted the victim in a domestic dispute and utilized choking, strangulation, or obstructing the victim’s breathing, it’s a second-degree felony.
Aggravated Assault Against A Family Or Household Member
Aggravated assault is a 2nd-degree felony in Texas. However, if the defendant uses a weapon during the commission of the crime and causes significant bodily harm, then domestic aggravated assault is classified as a first-degree felony.
Penalties For A Domestic Torts Conviction In Texas
The penalties for domestic torts are determined by a variety of criteria, including whether the victim suffered a serious bodily injury and the defendant’s prior criminal record.
- 3rd Degree felony domestic assault can include incarceration for 2 to 10 years and a fine of up to $10,000.
- 2nd Degree felony domestic assault can include incarceration for 2 to 20 years and a fine of up to $10,000.
- 1st Degree felony aggravated domestic assault can include incarceration for 5 to 99 years and a fine of up to $10,000.
The defendant may be sentenced to prison time, fines, and/or victim compensation, as well as receive domestic violence or substance abuse counseling and have their right to own or possess a weapon revoked. A felony conviction might make it more difficult to find work, acquire housing, or obtain certain benefits.
A domestic tort conviction can jeopardize your child custody case in a divorce or separation. A court may be more inclined to limit custody to one parent with a domestic tort conviction or impose supervised visitation as a result of the conviction.
Contact Texas Personal Injury Lawyers To Help You In Your Domestic Tort Case
Our goal at Texas Personal Injury Lawyers is to safeguard our clients and their children. We can assist you in filing a domestic tort case in Texas if you or your kid were abused by a spouse, former spouse, household member, romantic partner, or family member. We are determined to get fair results for you
We Will Stand Up for You
Do not wait to hold your spouse or someone else accountable if they put your health or life in danger. We take the safety and justice of our clients very seriously. Our skilled attorneys will fight tirelessly on your behalf to safeguard you and build your case.