The following are additional causes 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 a paragraph 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.) Select applicable paragraphs. See the practice notes at sections 3.62 and 3.63.
Assault/Intentional Infliction of Emotional Distress
1.Causes of Action for Assault
a.Cause of Action for Intentional, Knowing, or Reckless Bodily Injury
On or about [date] in [county] County, Texas, Respondent intentionally or knowingly or recklessly caused bodily injury to Petitioner by [describe incident, e.g., hitting Petitioner in the face with [his/her] fist; if appropriate, include sexual assault as defined in Penal Code section 22.011].
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And/Or |
b.Cause of Action for Threat of Imminent Bodily Injury
On or about [date] in [county] County, Texas, Respondent intentionally and knowingly threatened Petitioner by [describe, e.g., stating Respondent would like to kill Petitioner and advancing on Petitioner with a deadly weapon], which placed Petitioner in fear or apprehension of imminent bodily injury.
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And/Or |
c.Cause of Action for Offensive or Provocative Physical Contact
On or about [date] in [county] County, Texas, Respondent intentionally or knowingly caused physical contact with Petitioner by [describe incident] when Respondent knew or should have reasonably believed that Petitioner would regard such contact as offensive or provocative.
2.Cause of Action for Intentional Infliction of Emotional Distress
On or about [date] in [county] County, Texas, Respondent intentionally or recklessly engaged in a pattern of extreme and outrageous conduct that caused Petitioner to suffer severe emotional distress. Respondent [describe conduct].
3.Actual Damages for Resulting Personal Injuries
As a direct and proximate result of Respondent’s wrongful conduct alleged above, Petitioner has suffered certain damages including
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Select from the following. |
a.reasonable and necessary medical expenses in the past;
b.reasonable and necessary medical expenses that in reasonable probability will be incurred in the future;
c.loss of earnings in the past;
d.loss of earning capacity, diminution of earning capacity, or both that in reasonable probability will be suffered in the future;
e.physical pain, suffering, and mental anguish in the past;
f.physical pain, suffering, and mental anguish that in reasonable probability will be suffered in the future;
g.disfigurement;
h.physical impairment.
Petitioner additionally brings this suit for these damages, which are within the jurisdictional limits of this Court.
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Include 4. if applicable. |
The conduct committed by Respondent against Petitioner is the type of conduct evidencing actual malice on Respondent’s part that allows the imposition of exemplary damages. Petitioner additionally brings this suit for these damages, which are within the jurisdictional limits of this Court.
5.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.