Family Law

Card Set Information

Family Law
2010-10-28 16:48:24
Regulation Intact Marriage

Being Married: Regulation of the Intact Marriage
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  1. 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
  2. Management of Community Property
    • (1) spouse who earns it (TX)
    • (2) both spouses together
    • (3) either spouse separately
  3. 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
  4. Battered Woman Syndrome - Cycle of Violence
    • phase 1 - slight abuse
    • phase 2 - acute battering incident
    • phase 3 - reconciliation phase
  5. TFC - Dating Violence Protective Orders
    protects from violence in romantic or intimate relationships
  6. TFC - Family and Household Protective Orders
    • Households - those that live together
    • -protects same sex couples
  7. 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
  8. 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)
  9. 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
  10. TX Penal Code - Continuous Violence Against the Family
    • -commits assaults against family or household member more than once a in 12 months
    • -designed to get repeat offenders