In civil law, a wrong done by one person against another that could result in legal liability is called a tort. Generally the actor must have owed a duty to the victim of the tort to not harm the person, violated that duty which caused the victim harm. The remedy for a tort is monetary damages.

So, can a spouse commit a tort against another spouse? The answer in Texas is yes. In 1987, the Texas Supreme Court permitted interspousal lawsuits for tort causes of action. Price v. Price, 732 S.W.2d 316 (Tex. 1987). Tort actions can include physical assault or injury, but can also include emotional damage or even property damage. The main challenge with maintaining an interspousal tort suit in the context of divorce is finding a source of funds from which to pay damages. The cost of pursing a tort claim can be greatly outweighed if no source of funds exists from which to fund damages.

Here’s a list of domestic torts from the Fall 2016 issue of the ABA’s Family Advocate article Civil Relief for Uncivil Behavior:

Intentional Torts

  1. Physical assault
  2. Nonphysical assault
  3. Sexual assault
  4. Marital rape
  5. Involuntary deviate sexual intercourse
  6. Intentional transmission of a veneral disease
  7. Intentional infliction of emotional distress
  8. Physical stalking
  9. Cyberstalking
  10. False arrest and imprisonment
  11. False imprisonments
  12. Defamation: libel and slander
  13. Battered spouse syndrome
  14. Deceit and fraudulent misrepresentation
  15. Child abuse
  16. Child molestation
  17. Interference with parent-child relationship
  18. Kidnapping, child-snatching, and abductin
  19. Child enticement and harboring
  20. Invasion of privacy
  21. Wiretapping
  22. Eavesdropping and visual prying
  23. Surveillance by shadowing
  24. Public disclosure of private facts
  25. Alienation of affections
  26. Interference with family relationship
  27. Interference with marital relationship
  28. Criminal conversation
  29. Seduction
  30. Breach of promise to marry
  31. Fraudulent inducement to marry
  32. Fraudulent inducement to cohabit
  33. Fraudulent inducement to continue marital relationship
  34. Fraudulent inducement to procure settlement agreement
  35. Fraudulent inducement to admit paternity
  36. Fraudulent promise to impregnate
  37. Fraudulent misrepresentation of birth control practice
  38. Malicious prosecution
  39. Abuse of process
  40. Vexatious litigation
  41. Intentional spoliation of evidence
  42. Breach of fiduciary duty
  43. Fraudulent conveyance
  44. Unjust enrichment
  45. Conversion
  46. Third-party transmission of sexual disease
  47. Intentional interference with custodial rights
  48. Failure to report evidence of child abuse
  49. Incest
  50. Abuse of sexual contact
  51. Sexual exploitation
  52. Female genital mutilation
  53. Blackmail
  54. Extortion
  55. Wrongful death
  56. Professional malpractice
  57. International child abduction
  58. Interference with parent-child relationship
  59. Harassment
  60. Molestation
  61. Violation of a criminal statute
  62. Aiding and abetting tortious conduct
  63. Intentional enlistment of a public safety officer

Electronic Torts

  1. Invasion of privace: intrusion upon seclusion
  2. Invasion of privacy: public disclosure of pirvate facts
  3. Wiretapping
  4. Interception of emails
  5. Accessing stored emails
  6. Video surveillance
  7. Non-videosurveillance
  8. Cell phone wiretapping
  9. Extension phones
  10. Vicarious consent doctrine
  11. Privacy at home
  12. Privacy at work
  13. Privacy in public (eavesdropping)
  14. Discarded trash
  15. Breachofcomputer security
  16. Pen register/trap-an-trace device
  17. Unlawful access of stored communications
  18. Illegal divulgence
  19. Unlawful installation of a tracking device
  20. Stalking, electronig and cyber

Property Torts

  1. Trespass to land
  2. Trespass to chattels
  3. Conversion
  4. Detinue
  5. Replevin
  6. Trover

Dignitary Torts

  1. Defamation
  2. Libel
  3. Slander
  4. Invasion of privacy
  5. Breach of confidence
  6. False light
  7. Publication of private facts
  8. Abuse of process
  9. Malicious prosecution
  10. Alienation of affections

Economic Torts

  1. Fraud
  2. Tortious interference
  3. Conspiracy
  4. Restraint of trade

Nuisance Torts

  1. Private nuisance
  2. Public nuisance

Negligence Torts

  1. General negligence
  2. Negligence per se
  3. Negligent entrustment
  4. Negligent handling of animals
  5. Negligent hiring
  6. Negligent infliction of emotional distress
  7. Negligent misrepresentation

Duty to Visitor Torts

  1. Attractive nuisance
  2. Trespasser
  3. Licensee
  4. Invitee

Strict Liability Torts

  1. Strict liability
  2. Ultrahazardous activity

 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.