Texas Domestic Violence and The Battered Family
The serious increase of family domestic violence is becoming an epidemic in the Unites States.
Some Appalling facts:
- Every 9 seconds in the US, a woman is assaulted or beaten.
- Domestic Violence is the leading cause of injury to women: more than car accidents, mugging and rapes combined.
- 1 in 4 women have been the victim of severe physical violence by an intimate partner while 1 in 7 men experience severe physical violence by an intimate partner.
- Approximately 15 million children have witnessed some form of domestic violence in the past year..
Texas Domestic Violence Statistics from the Texas Council on Family Violence:
- Texas generates the second highest call volume to the National Domestic Violence Hotline behind California.
- HHSC estimates that 1,130,164 Texas women were battered in 2008.
- 74% of all Texans have either themselves, a family member and/ or a friend experienced some form of domestic violence.
- 47% of all Texans report having personal experience at least one form of domestic violence, severe (physical or sexual), verbal or forced isolation from friends and family at some point in their lifetime.
But most important of all….
73% of all Texans believe that domestic violence is a serious problem in Texas and 60% believe that Texas does not do enough to help survivors and their families!
What are the warning signs of Domestic Violence and do you have any friends or family members showing some of these warning signs?
1. Multiple Injuries and Excuses: the victim has many bruises and elaborate stories about being clumsy to avoid embarrassment.
2. Frequent Absence from Work or School: Visible injury or bruising keeps the victim away from work or school. Also the victim may need to care for themselves, sleep or recuperate from the incident when the abuser is away.
3. Lack of Self- Esteem: Many victims feel they can’t make it alone or they are better off with the abuser as part of their life.
4. Personality Changes: A very outgoing person becoming quite and shy around their abuser. It is much easier to change habits around the abuser than to go through accusations that can escalate to physical violence.
5. Fear of Conflict: Many battered victim show a sense of powerlessness with their other relationships. They tend to get victimized with almost everyone around them. “An easy mark”!
6. Passive-Aggressive Behavior: Victims will many times say one thing and then express anger or frustration in an aggressive manner.
7. Self-Blame: If a person is taking all the blame for things that go wrong in their surrounding environment, this person is probably experiencing emotional abuse at home. An abuser excels in constantly telling the victim that he/she is always “wrong”.
8. Isolation and Control: Adults who are abused are often isolated. This isolation makes the abuser the center of the victim’s universe and purposefully limits the victim’s access to others for total control.
9. Stress-Related Problems: depression, frequent illness, chronic headaches, problems sleeping?
If you do have someone close to you having some of these problems and you suspect domestic violence, please try to get this person immediate help! Many times only a friend or family member can get the victim to go for help!
With Domestic Violence being one of the most chronically under-reported crimes in the United States, what can victims do to help themselves and other family members break free of this abuse?
The legal system can offer some protection from family violence through the use of a Protective Order. A Protective Order is a civil court order that is designed to restrain an abuser from continuing acts of violence and threatening, harassing, or stalking conduct. All victims of family violence are eligible for a Protective Order. A court shall render a protective order if it finds that family violence has occurred and is likely to occur in the future. A victim’s testimony about family violence may be enough to obtain a protective order, without other documents such as police reports.
Statistics obtained from:
Texas Council on Family Violence
National Center on Domestic and Sexual Violence
Social Networking: You Say It Or Show It, You Have to Defend It
Social media provides everyone with a digital treasure trove of information. Always remember what you post online can and often will be used against you.
Approximately one half of all adult internet users in the United States have a profile on a social networking site. A 2010 Nielsen survey shows 22.7% of an American’s time is spent on social networking and continues to grow as social networking is considered the most popular online activity. When posting on Facebook, Twitter, or other social networking sites, just remember the updates you post can cause serious problems when searching for a job, starting a new relationship, or during involvement in a legal issue or lawsuit!
People are now sharing practically everything online. Can this get you in trouble? YOU BET!! Social networking technologies have forced people to learn how to navigate the murky waters between business and pleasure. Such a mixture creates a “Permanent Record” on social networking sites. On Facebook and Twitter, it is very common to see spouses discussing very private issues and sharing it with their “multi” buddies online and “Advertising their Product” for all to see. Social networking sites can provide any one who is confused, angry or distraught with a perfect venue for airing their gripes and disclosing their feelings in public!
Evidence from all social media sites is now being used by prosecutors, defense attorneys, personal injury attorneys, employment attorneys, securities litigators, and particularly family law attorneys. A 2010 American Academy of Matrimonial Lawyers survey found that 81 % of divorce attorneys have increased their use of social media to find evidence against the opposing side. The main source of information is Facebook, with 66% of the attorneys citing it as the source for incrimination information followed by MySpace (15%) and Twitter (5%).
A Wide Variety of Evidence?
1. Incriminating photos
2. Incriminating statements and wall posts
3. Status Updates
4. Mood Indicators
5. List of Friends
6. Login/Log off records for example: not able to work, alcohol/drug use, intimate issues.
How to Preserve Evidence from Social Media Sites?
1. Publicly viewable profiles and content are fair game
2. Subpoenas directed to sites like Facebook are likely dead ends.
3. Well-tailored discovery requests to the person.
4. Motion compelling the user to execute a consent form permitting the discovery seeking party to obtain the profile contents.
How to Authenticate Evidence from Social Media?
1. Stipulation
2. Admission from author/poster.
3. Testimony from person who copied information
Think about these Situations before using Social Media to sound off:
1. If you share a computer with a spouse or business partner and there is a potential break up; create a new web-based email address with a new password to ensure no other unauthorized access.
2. Don’t forget the children! Always more tech-savvy than mom and dad, monitor children to ensure information related to divorce proceedings or family problems do not become part of the internet!
3. Never make online references to finances. No big trips, bonuses or raises at work. This could affect your case adversely.
4. Always be careful with third- party conversations. The internet has many eyes and not just your friends.
The sudden advance and reach of social media is forcing the legal system to adapt quickly. Social media is causing legal professionals to look at new sources of evidence and discovery and to consider the implications of this technology.
Think Before You Post On Social Networking Sites!
Millions of people daily log into their favorite social networking sites to chronicle their lives both personal and professional. All day people visit with friends, business associates or look for new contacts. 9/2012 Pew Report states that 66% of the U.S. population uses social networking websites on a regular basis and 53% of the 50+ year old population engages in social networking!
With more people every day using social media for their online interaction, these websites are affecting the legal and ethical aspects of the personal relationships and the law. Much valuable legal information may be discovered in a lawsuit on these websites which are proving to potentially have devastating results in the court litigation.
Many social networking site users are now looking at the additional options regarding privacy management because of concern with regard to potential legal liability. 63% of the users are deleting people not known from their “friends” list. 44% of these users have deleted comments made by others on their profile, and 37% have removed their name from photos that tagged their identify. (Pew Report 2/2012)
You should exercise careful thoughtful judgment when posting on social networking sites. Think before your post! Could this one click post be potentially damaging to you, to others you care about or to your business relationships? In today’s world, many lawyers are asking very specific questions to their clients concerning email addresses, use of social networking sites and types of personal information a client has posted about themselves, or other information publicly disclosed from other people’s social networking. Many lawyers now ask their clients to stop using or to deactivate (not delete) their social networking sites during their litigation process. Better safe than sorry!
The use of Electronically Stored Information (ESI) is now being addressed by the U.S. Government and many states regarding usage and admissibility in litigation. The Federal Rules have been amended to address ESI and set up a framework on dealing with this information. The rules include ESI to email, web pages, word processing files, computer databases, and just about anything that is stored on a computer. The definition of ESI also includes traditional email, instant and text messaging, voice mail, personal webmail, blogging and other new emerging technologies. Potential relevant information from any of these sources must now be preserved by litigants in the federal courts. Just remember what you do or say online can and will be used against you and/or distorted since: “You Said It”!
Texas Child Support Guidelines
PLEASE READ UPDATE (2019)
Texas Child Support Guidelines Change-
Effective Sept. 1, 2019
Effective September 1, 2019 The Texas Child Support Division of the Attorney General increased the Maximum child Support under the Texas Child Support Guidelines from $8,550 to the “new cap”of net monthly resources to $9200 annually. This change in the law will increase the amount of maximum child support from of $1,710.00 to $1,840.00 monthly (20% of $9200. For one child)
CLICK TO READ MORE ON THE LATEST UPDATE (2019)
Under the Texas Family Code §154.125 the guidelines for child support are as follows:
(a) The guidelines for the support of a child in this section are specifically designed to apply to situations in which the obligor’s monthly net resources are not greater than $7,500 or the adjusted amount determined under Subsection (a-1), whichever is greater.
(a-1) The dollar amount prescribed by Subsection (a) above is adjusted every six years as necessary to reflect inflation. The Title IV-D agency shall compute the adjusted amount, to take effect beginning September 1 of the year of the adjustment, based on the percentage change in the consumer price index during the 72-month period preceding March 1 of the year of the adjustment, as rounded to the nearest $50 increment. The Title IV-D agency shall publish the adjusted amount in the Texas Register before September 1 of the year in which the adjustment takes effect. For purposes of this subsection, “consumer price index” has the meaning assigned by Section 341.201, Finance Code.
(a-2) The initial adjustment required by Subsection (a-1) shall take effect September 1, 2013. This subsection expires September 1, 2014.
(b) if the obligor’s monthly net resources are not greater than the amount provided by Subsection (a), the court shall presumptively apply the following schedule in rendering the child support order:
CHILD SUPPORT GUIDELINES
BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
1 child 20% of Obligor’s Net Resources
2 children 25% of Obligor’s Net Resources
3 children 30% of Obligor’s Net Resources
4 children 35% of Obligor’s Net Resources
5 children 40% of Obligor’s Net Resources
6+ children Not less than the amount for 5 children
Depending on the number of other children an obligor has a duty to support, the percentage of child support may be lower. For example, if the obligor was previously married and has 1 child to support in the previous marriage, the amount of support paid for one child before the court decreases to 17.50 percent. See the chart below.
|
Multiple Family Adjusted Guidelines (% of Net Resources) Net Monthly Resources X Percentage Below = Monthly Child Support Obligation
|
||||||||
|
Number of other children for whom the obligor has a duty of support |
Number of Children Before the Court |
|||||||
|
|
1 |
2 |
3 |
4 |
5 |
6 |
7 |
|
|
0 |
20.00 |
25.00 |
30.00 |
35.00 |
40.00 |
40.00 |
40.00 |
|
|
1 |
17.50 |
22.50 |
27.38 |
32.20 |
37.33 |
37.71 |
38.00 |
|
|
2 |
16.00 |
20.63 |
25.20 |
30.33 |
35.43 |
36.00 |
36.44 |
|
|
3 |
14.75 |
19.00 |
24.00 |
29.00 |
34.00 |
34.67 |
35.20 |
|
|
4 |
13.60 |
18.33 |
23.14 |
28.00 |
32.89 |
33.60 |
34.18 |
|
|
5 |
13.33 |
17.86 |
22.50 |
27.22 |
32.00 |
32.73 |
33.33 |
|
|
6 |
13.14 |
17.50 |
22.00 |
26.60 |
31.27 |
32.00 |
32.62 |
|
|
7 |
13.00 |
17.22 |
21.60 |
26.09 |
30.67 |
31.38 |
32.00 |
|
Net resources are determined by deducting the following from the obligor’s income:
1. Social Security Taxes;
2. Federal Income Tax based on the tax rate for a single person claiming one personal exemption and the standard deductions;
3. State Income Tax;
4. Union Dues (if such deductions are being withheld); and
5. Expenses for Health Insurance Coverage for Obligor’s Child(ren) (if such deductions are being withheld).
Rights and Duties of a Parent Joint Managing Conservator in Texas
Rights and Duties of a Parent Joint Managing Conservator in Texas —
Waiver To the Guidelines is a Matter of Court Discretion
As a joint managing conservator of a child in a divorce proceeding in Texas, unless special circumstances arise justifying a variance from the Guidelines, the Court will normally order guideline code rights and duties and a parent will be awarded the following:
1.the right to receive information from any other conservator of the child concerning the health, education, and welfare of the child.
2.the right to confer with the other parent to the extent possible before making a decision concerning the health, education, and welfare of the child.
3.the right of access to medical, dental, psychological, and educational records of the child.
4.the right to consult with a physician, dentist, or psychologist of the child.
5.the right to consult with school officials concerning the child’s welfare and educational status, including school activities.
6.the right to attend school activities.
7.the right to be designated on the child’s records as a person to be notified in case of an emergency.
8.the right to consent to medical, dental, and surgical treatment during an emergency involving an immediate danger to the health and safety of the child.
9.the right to manage the estate of the child to the extent the estate has been created by the parent/conservator or the parent/conservator’s family.
10.the duty to inform the other conservator of the child in a timely manner of significant information concerning the health, education, and welfare of the child; and
11.the duty to inform the other conservator of the child if the conservator resides with for at least thirty days, marries, or intends to marry a person who the conservator knows is registered as a sex offender under chapter 62 of the Code of Criminal Procedure or is currently charged with an offense for which on conviction the person would be required to register under that chapter. IT IS ORDERED that this information shall be tendered in the form of a notice made as soon as practicable, but not later than the fortieth day after the date the conservator of the child begins to reside with the person or on the tenth day after the date the marriage occurs, as appropriate. IT IS ORDERED that the notice must include a description of the offense that is the basis of the person’s requirement to register as a sex offender or of the offense with which the person is charged. WARNING: A CONSERVATOR COMMITS AN OFFENSE PUNISHABLE AS A CLASS C MISDEMEANOR IF THE CONSERVATOR FAILS TO PROVIDE THIS NOTICE.
12.the duty of care, control, protection, and reasonable discipline of the child.
13.the duty to support the child, including providing the child with clothing, food, shelter, and medical and dental care not involving an invasive procedure.
14.the right to consent for the child to medical and dental care not involving an invasive procedure.
15.the right to direct the moral and religious training of the child.
16.Only one parent shall have the exclusive right to designate the primary residence of child in a specific geographical area, which is commonly the county in which the child currently resides and the contiguous counties thereto.
17.the right to consent to medical, dental, and surgical treatment involving invasive procedures may be subject to agreement, an independent right or an exclusive right;
18.the right to consent to psychiatric and psychological treatment of the child may be subject to agreement, an independent right or an exclusive right;
19.Only one parent shall have the exclusive right to receive and give receipt for periodic payments for the support of the child and to hold or disburse these funds for the benefit of the child;
20.the right to represent the child in legal action and to make other decisions of substantial legal significance concerning the child may be subject to agreement, an independent right or an exclusive right;
21.the right to consent to marriage and to enlistment in the armed forces of the United States may be subject to agreement, an independent right or an exclusive right;
22.the right to make decisions concerning the child’s education may be subject to agreement, an independent right a joint right or an exclusive right;
23.except as provided by section 264.0111 of the Texas Family Code, the right to the services and earnings of the child may be subject to agreement, an independent right or an exclusive right;
24.except when a guardian of the child’s estate or a guardian or attorney ad litem has been appointed for the child, the right to act as an agent of the child in relation to the child’s estate if the child’s action is required by a state, the United States, or a foreign government may be subject to agreement, an independent right or an exclusive right; and
25.the right to manage the estate of the child to the extent the estate has been created by community property or the joint property of the parent/conservator may be subject to agreement, an independent right or an exclusive right.
In accordance with section 153.001 of the Texas Family Code, it is the public policy of Texas to assure that children will have frequent and continuing contact with parents who have shown the ability to act in the best interest of the child, to provide a safe, stable, and nonviolent environment for the child, and to encourage parents to share in the rights and duties of raising their child after the parents have separated or dissolved their marriage. The Court will therefore normally establish the primary residence of the child in the county where the child currently resides and/or a contiguous county thereto, and the parties shall not remove the child from such county for the purpose of changing the primary residence of child until there is a modification to the existing order of the court of continuing jurisdiction or a written agreement signed by the parties and filed with the court.
The geographical restriction on the residence of the child may be lifted or modified if, at the time the primary parent with the right to establish residence wishes to remove the child from the county for the purpose of changing the primary residence of the child, the other parent does not reside in that county or a contiguous county thereto.
Time constraints, employment issues of the primary Joint Managing Conservator, and other material factors may come into play when a Joint Managing Conservator requests waiver of the geographical restrictions. It customarily is a very difficult, but not always insurmountable, burden to achieve a geographical restriction waiver. The success, consistency and regularity of the non-primary conservator’s possession and access to the child is a factor the court will view in making a ruling. Frequently, an agreement to adjust the amount of support and/or transportation costs comes into play in resolving such disputes.
For professional legal counsel on family law and divorce issues in the DFW Metroplex area, contact Dallas divorce attorney Mark Nacol.
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization
