Family Code § 15.112

A prospective collaborative lawyer must ask about family violence before a participation agreement is signed, and a collaborative lawyer generally may not start or continue the process if they reasonably believe family violence history exists unless the stated conditions are met.

Jurisdiction: United States — Texas
Instrument: Code
Version: Undated source snapshot
Language: en
Official source: View official record ↗

collaborative family law family violence screening

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Provisions of Family Code § 15.112

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15.112
Family Code § 15.112
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A prospective collaborative lawyer must ask about family violence before a participation agreement is signed, and a collaborative lawyer generally may not start or continue the process if they reasonably believe family violence history exists unless the stated conditions are met.

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.

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Family Code § 15.112

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