Family Law Torts

In the law, a Tort is a civil wrong in which one person has breached a duty owed to another person, where the duty has arisen because of the mere existence of the relationship.  In simple terms, Torts are often the Civil wrong associated with a Criminal wrong.

For example, if one spouse assaults the other, the District Attorney's office may prosecute the case criminally, but it is up to the assaulted party whether to pursue a Civil remedy - a lawsuit - in addition to the criminal prosecution.

Since Texas did away with the concept of Interspousal Immunity, spouses can sue each other for Torts they commit against each other.  Obviously, doing so would tend to cause an end to the marriage, so most often these types of suits are brought in conjunction with a Divorce.

The Torts available include:

1. Assault and Battery
2. Intentional Infliction of Emotional Distress;
3. Invasion of Privacy;
4. Wiretapping;
5. Access of Electronic Communications;
6. Slander and Libel; and
7. Fraud.

 

Texas law provides that the same conduct cannot be used as both a factor justifying a disproportionate division of the community estate and a means of a separate recovery, but in appropriate cases, a spouse can conclude a divorce with both, where there are sufficient reasons to warrant each.

 

The pursuit of Tort claims within a divorce is rare, but in appropriate cases, it can be a powerful tool in the pursuit of justice.  One unique facet of Tort law is that all Tort claims allow for jury trial, whereas only certain Family Law issues are properly heard by a jury.

 

Since Tort law is its own substantive area of the law, it's vital to have an attorney that is familiar with both the pursuit of Family Law remedies and Tort remedies.

 

The attorneys at the BEAL LAW FIRM have successfully handled hundreds of Tort claims and know full well how to argue for damages to a jury.  Moreover, Eric Beal, the principal attorney of the firm, is a published author on the intricacies and availability of certain Tort claims within the context of a divorce.

 

The BEAL LAW FIRM is ready to assist you in evaluating your case and whether your needs are best served by pursuing Tort recoveries, in addition to your other Family Law remedies.