Texas Family Code 261.108 – Frivolous Claims Against Person Reporting
(a) In this section:
(1) “Claim” means an action or claim by a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, requesting recovery of damages.
(2) “Defendant” means a party against whom a claim is made.
(b) A court shall award a defendant reasonable attorney’s fees and other expenses related to the defense of a claim filed against the defendant for damages or other relief arising from reporting or assisting in the investigation of a report under this chapter or participating in a judicial proceeding resulting from the report if:
(1) the court finds that the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under § 261.106; and
(2) the claim is dismissed or judgment is rendered for the defendant.
Terms Used In Texas Family Code 261.108
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) To recover under this section, the defendant must, at any time after the filing of a claim, file a written motion stating that:
(1) the claim is frivolous, unreasonable, or without foundation because the defendant is immune from liability under § 261.106; and
(2) the defendant requests the court to award reasonable attorney’s fees and other expenses related to the defense of the claim.