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An Introduction to the Divorce
Process in Dallas Texas
Separation
Filing for Divorce
Temporary Divorce Orders
Conducting Divorce Discovery
Mediation and Settlement
in the Divorce Process
Collaborative Representation
in the Divorce Process
Divorce Trials In Dallas
Decree of Divorce
Appellate Process in
the Dallas District
Divorce Modification
Paternity
Adoption
Grandparent Access
Child Protective Services
Abuse
Divorcing a US Military
Service Person
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Abuse
Protective Order
Terminating Parental Rights
False Allegations
In a divorce involving allegations of domestic abuse,
the court may enter temporary orders that include a
protective order, which awards possession of the marital
residence to one party and enjoins the parties harassment
and abuse.
The application should allege acts of "family violence" as
grounds for a protective order, such as:
- An act by a member of a family or household against
another member of the family or household that is
intended to result in physical harm, bodily injury,
assault, or sexual assault, or that is a threat that
reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual
assault, other than defensive measures to protect
oneself.
- Abuse by a member of the family or household toward
a child of the family or household
A court may order termination of the parent-child
relationship if the court finds by clear and convincing
evidence that termination is in the child's best interest,
and the parent has done either of the following:
- Knowingly placed or knowingly allowed the child to
remain in conditions or surroundings that endanger the
child's physical or emotional well-being.
- Engaged in conduct, or knowingly placed the child
with persons who engaged in conduct, that endangered the
child's physical or emotional well-being. Clearly
situations involving domestic abuse would be serious
areas of concern for the courts regarding these factors.
Furthermore, abuse of someone other than the child in
question, often the other parent or one of the child's
siblings, may be grounds for terminating parental rights
under. In order to support termination, the abuse of the
sibling or other parent must be found to endanger the child
in question either physically or emotionally. In one case,
for example, the abuse of a daughter in the presence of a
son that resulted in the daughter's death and abnormal fear
and anxiety of the son was sufficient to terminate the
parents' rights over their son.
If a party to a pending SAPCR makes a report alleging child
abuse by another party and the reporting party knows the
report lacks a factual foundation, the court is required to
deem the report to be a knowingly false report. If the court
makes this finding, it is required to impose a civil penalty
of up to $500. In addition, if the court finds that a party
made a false allegation of child abuse or neglect, the court
may impose any civil sanction permitted by law, including
attorney's fees, costs of experts, and any other costs.
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