Double Jeopardy FAQ | Texas Family Law Powerhouse

Question 1

What do you need to prove for a double jeopardy claim in Texas family court?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including EX PARTE BESSIE TEKILA MARTIN. A Section 12.45 criminal admission is a 'silver bullet' judicial confession, but it is only as strong as your documentation. In family law, you cannot rely solely on a criminal judgment; you must obtain the plea admonishments and the specific list of unadjudicated offenses to prove exactly what conduct the spouse admitted to, preventing them from escaping the consequences of their confession in civil court.

Question 2

What happens if there's not enough evidence in the court record for a double jeopardy case?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including EX PARTE BESSIE TEKILA MARTIN. In family law litigation, a spouse's criminal 'Judgment' is often just the tip of the iceberg; to effectively prove fault or waste of community assets, practitioners must subpoena the full 'plea packet' and the 'Section 12.45 list' to secure a binding judicial confession of the underlying misconduct.