In the recent trial of Johnny Depp and Amber Heard, the phrase "mutual abuse" was used by the psychologist testifying on Depp's behalf. Mutual abuse is a term sometimes used to assign accusations of instigation and abusive behavior to both people in a relationship, not just one. Whether the term is ever appropriate or if it describes domestic violence situations in an accurate fashion is not the focus of this article. Rather, this article looks at a case where the court found that domestic violence was, in fact, perpetrated by both the husband and wife. As a result, there were severe consequences for their children. Domestic violence impacts families of all socio-economic strata. Those stricken by poverty are not alone in facing the psychosocial stressors that exacerbate domestic violence.

In a recent Texas Court of Appeals case, In the Int. of D.A. [Court of Appeals of Texas, Twelfth District, Tyler Sept. 30, 2022, Opinion Delivered, NO. 12-22-00183-CV], the appellate court found sufficient evidence to support termination of both mother's and father's parental rights, based on endangerment grounds. At the trial court level, the 420th Judicial District Court of Nacogdoches County, Texas found that both parents engaged in acts constituting domestic violence around the children, and further, that the parents failed to complete all of their court ordered services.

To terminate parental rights, a court must find that two elements exist: First, the parent engaged in any one of the acts or omissions set out within Texas Family Code §161.001. Second, that termination must be in the children's best interest. The burden of proof of these elements must be established by clear and convincing evidence. Best interest is, in part, determined via the Holley v. Adams factors.