pjc-family-2024-lib

PJC 215.4

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.4

History or Pattern of Family Violence, History or Pattern of Child Abuse or Neglect, or Protective Order

In determining whether to appoint a party sole or joint managing conserva tor, you shall consider whether a party engaged in a history or pattern of family violence, a party engaged in a history or pattern of child abuse or child neglect, or a final protective order was rendered against a party . “Family violence” means an act by a member of a family against another member of the family that is intended to result in physical harm . COMMENT Source. The first paragraph of the foregoing instruction is based on Tex. Fam. Code § 153.005(c). The second paragraph is based on Tex. Fam. Code § 71.004. If no evidence of history or pattern of family violence. If there is no evidence of a party’s engaging in a history or pattern of family violence, the words a party engaged in a history or pattern of family violence should be omitted from the first paragraph of the instruction, and the second paragraph of the instruction should be omitted. If no evidence of history or pattern of child abuse or child neglect. If there is no evidence of a party’s engaging in a history or pattern of child abuse or child neglect, the words a party engaged in a history or pattern of child abuse or child neglect should be omitted from the first paragraph of the instruction. If there is evidence of a history or pattern of child abuse but not of child neglect, or of child neglect but not of child abuse, the language should be changed accordingly. If no evidence of rendition of a final protective order. If there is no evidence that a final protective order has been rendered against a party, the words a final protec tive order was rendered against a party should be omitted from the instruction. Definition of “family violence.” The portions of the definition of family violence contained in Tex. Fam. Code § 71.004 that are relevant in the particular case should be substituted for the italicized language in the second paragraph of the instruction. If the matter is in issue, the definitions of “family,” “household,” and “member of a house hold” contained in Tex. Fam. Code §§ 71.003, 71.005, and 71.006 may be included as appropriate.

[PJC 215.5 is reserved for expansion.]

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