The defenses contained in this form correspond to the pleadings for additional causes of action presented in forms 3-31 through 3-37. The material should be incorporated in the respondent’s original answer (form 3-16) as needed in response to the pleadings in the petition. (If the respondent has pleaded such an additional cause of action and the petitioner responds in defense, the material should be reworded accordingly.)
Defenses to Additional Causes of Action
1.Intentional, Knowing, or Reckless Bodily Injury
Respondent contends that at the time and place alleged in Petitioner’s Original Petition, Respondent was acting—
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a.in self-defense;
b.in defense of [his/her] separate property;
c.with the consent of Petitioner; and/or
d.in defense of others.
2.Threat of Imminent Bodily Injury/Offensive or Provocative Physical Contact
Respondent contends that at the time and place alleged in Petitioner’s Original Petition, Respondent was acting—
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a.in response to verbal provocation; and/or
b.in self-defense.
3.Intentional Infliction of Emotional Distress
Respondent contends that at the time and place alleged in Petitioner’s Original Petition—
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a.Respondent was acting with the consent of Petitioner;
b.the act or conduct alleged was not outrageous and did not result in serious or severe emotional distress; and/or
c.Petitioner actually or impliedly ratified the actions of Respondent.
4.Actual Fraud/Waste of Assets
Respondent contends that—
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a.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting with the consent of Petitioner that was free from duress, coercion, fraud, or undue influence; and/or
b.Petitioner’s actions constituted a waiver or ratification of Respondent’s actions.
5.Constructive Fraud
Respondent contends that—
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a.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting with the consent of Petitioner that was free from duress, coercion, fraud, or undue influence;
b.Petitioner’s actions constituted a waiver or ratification of Respondent’s actions; and/or
c.Respondent’s action constituted a fair disposition of property.
6.Conversion of Separate Property
Respondent contends that at the time and place alleged in Petitioner’s Original Petition, Respondent—
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a.had superior right, title, or right to possession of the property in question;
b.was acting with the owner’s consent to the taking, either express or implied; and/or
c.was acting with regard to community property.
7.Transmitting Sexual Disease
Respondent pleads—
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a.comparative negligence;
b.lack of knowledge; and/or
c.that Petitioner had multiple sexual partners.
8.Invasion of Privacy by Unlawful Interception of Oral or Electronic Communication
Respondent contends that, concerning the allegations in Petitioner’s Original Petition, Respondent—
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a.had the consent of Petitioner to intercept the communication;
b.was acting under color of law; and/or
c.was a party to the communication.
9.Tortious Interference with Business Relations
Respondent contends that—
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a.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting with privilege or justification;
b.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting in the interest of the parties’ community business;
c.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting as an agent of Petitioner;
d.at the time and place alleged in Petitioner’s Original Petition, Respondent was acting with the consent of Petitioner; and/or
e.Petitioner’s actions constituted a ratification of Respondent’s actions.
10.Wrongful Interference with an Existing Contract
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a.Respondent contends that at the time and place alleged in Petitioner’s Original Petition, Respondent was acting with justification or privilege;
b.Respondent contends that the contract that is the basis for this cause of action is an illegal contract; and/or
c.Respondent pleads good-faith interference with the subject contract.
11.Interference with Custody
Respondent affirmatively pleads that Respondent violated the order with the express consent of Petitioner.