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The sworn petition shall allege the incidents of repeat violence, sexual violence, or dating violence and shall include the specific facts and circumstances that form the basis upon which relief is sought.
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An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. The respondent shall be personally served with a copy of the petition, notice of hearing, and temporary injunction, if any, prior to the hearing.
A person who has one prior conviction for battery, aggravated battery, or felony battery and who commits any second or subsequent battery commits a felony of the third degree, punishable as provided in s. When it appears to the court that an immediate and present danger of violence exists, the court may grant a temporary injunction which may be granted in an ex parte hearing, pending a full hearing, and may grant such relief as the court deems proper, including an injunction enjoining the respondent from committing any acts of violence. 90.204, in a hearing ex parte for the purpose of obtaining such temporary injunction, no evidence other than the verified pleading or affidavit shall be used as evidence, unless the respondent appears at the hearing or has received reasonable notice of the hearing.
You do lunch, you talk about your life and family, and you stick together through the good times and the bad, in sickness and in health.
You share your thoughts, hopes, and ambitious dreams -- there's an intimacy between you ... "It has to do with proximity," says Harley, president of Marriage Builders, a marriage counseling organization and web site.
Assault and battery also are considered intentional torts, which means you can sue someone for these actions in a civil court to get compensated for your injuries.
In Texas, the elements for a case against a defendant for assault and battery are the same, although there are many different classifications for different degrees of the offense (charged as "assault" even if battery does occur).
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