Sec. 15.112. FAMILY VIOLENCE. (a) In this section:
(1) "Dating relationship" has the meaning assigned by Section 71.0021(b).
(2) "Family violence" has the meaning assigned by Section 71.004.
(3) "Household" has the meaning assigned by Section 71.005.
(4) "Member of a household" has the meaning assigned by Section 71.006.
(b) Before a prospective party signs a collaborative family law participation agreement in a collaborative family law matter in which another prospective party is a member of the prospective party's family or household or with whom the prospective party has or has had a dating relationship, a prospective collaborative lawyer must make reasonable inquiry regarding whether the prospective party has a history of family violence with the other prospective party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents, or the prospective party with whom the collaborative lawyer consults, as applicable, has a history of family violence with another party or prospective party, the lawyer may not begin or continue a collaborative family law process unless:
(1) the party or prospective party requests beginning or continuing a process; and
(2) the collaborative lawyer or prospective collaborative lawyer determines with the party or prospective party what, if any, reasonable steps could be taken to address the concerns regarding family violence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
Structure Texas Statutes
Title 1-A - Collaborative Family Law
Chapter 15 - Collaborative Family Law Act
Subchapter C. Collaborative Family Law Process
Section 15.101. Requirements for Collaborative Family Law Participation Agreement
Section 15.102. Beginning and Concluding Collaborative Family Law Process
Section 15.103. Proceedings Pending Before Tribunal; Status Report
Section 15.104. Emergency Order
Section 15.105. Effect of Written Settlement Agreement
Section 15.107. Exception From Disqualification for Representation of Low-Income Parties
Section 15.108. Governmental Entity as Party
Section 15.109. Disclosure of Information
Section 15.110. Standards of Professional Responsibility and Mandatory Reporting Not Affected
Section 15.111. Informed Consent
Section 15.112. Family Violence
Section 15.113. Confidentiality of Collaborative Family Law Communication
Section 15.114. Privilege Against Disclosure of Collaborative Family Law Communication
Section 15.115. Limits of Privilege
Section 15.116. Authority of Tribunal in Case of Noncompliance