The following is an additional cause of action that may be brought against a spouse. This material can be incorporated, if appropriate, as an integral part of the divorce pleading to be inserted as paragraphs preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the complainant.) Include in the divorce pleading any further statements required by Tex. R. Civ. P. 47, tailored as appropriate for the relief sought. See the practice notes at section 3.73.
Invasion of Privacy by Unlawful Interception of Oral or Electronic Communication
1.Intrusion on Seclusion
Petitioner further complains of Respondent for an unwarranted intrusion on Petitioner’s solitude or seclusion or into the private affairs of Petitioner, which constituted a legal injury for which Petitioner seeks money damages.
On [date] Respondent intentionally invaded Petitioner’s right to be left alone by committing one or more of the unlawful acts set out in chapter 123 of the Texas Civil Practice and Remedies Code: [specify the act[s]].
2.Damages
This action proximately resulted in damages to Petitioner for which Petitioner now seeks relief. Those damages include mental suffering, shame, and humiliation. Petitioner seeks money damages from Respondent in an amount within the jurisdictional limits of this Court.
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Include 3. if applicable. |
In doing all the acts alleged, Respondent acted wantonly and with malice toward Petitioner. Petitioner seeks exemplary damages for this wanton and malicious conduct.
4.Prayer
Petitioner prays for judgment against Respondent in a sum within the jurisdictional limits of this Court for [his/her] actual damages as alleged, [include if applicable: for exemplary damages,] for prejudgment and postjudgment interest as allowed by law, for costs of court, and for general relief.