Family Law

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Marital Property
- Common Law
- -if you name is on it, you own it
- Community Property (TX)
- -if you acquire the property during marriage, it is owned in undivided equal shares
Management of Community Property
- (1) spouse who earns it (TX)
- (2) both spouses together
- (3) either spouse separately
Law of Intact Marriage
- Common Law
- -H and W are one person
- -W had no identity
- -H may chastise W, but it must be reasonable
Battered Woman Syndrome - Cycle of Violence
- phase 1 - slight abuse
- phase 2 - acute battering incident
- phase 3 - reconciliation phase
TFC - Dating Violence Protective Orders

protects from violence in romantic or intimate relationships
TFC - Family and Household Protective Orders
- Households - those that live together
- -protects same sex couples
TFC - Temporary Ex Parte Orders
- -Exclusion from the home
- Requirements
- -in residence within last 30 days
- -committed family violence w/in last 30 days
- -clear and present danger
- may last for 20 days, can get a 20 day extension
TFC - Uniform Interstate Enforcement
- -VAWA requires full faith and credit to protective orders from other states
- -must enforce other states' orders even if their procedures are different or if provisions might not be allowed
- -officers should enforce even if party cannot produce a copy of the order (use probable cause to determine existence of the order)
TX Penal Code - Assault Offenses
- -applies to all, including spouses
- -sexual assault applies to men and women equally
- -applies to same sex couples as well
TX Penal Code - Continuous Violence Against the Family
- SEPERATE FELONY
- -commits assaults against family or household member more than once a in 12 months
- -designed to get repeat offenders

Author

Anonymous

45743

Card Set

Family Law

Description

Being Married: Regulation of the Intact Marriage

Updated

2010-10-28T20:48:24Z