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So in principle, if you get sued over this by an abusive spouse, he could:
Never tell you
Hide the mail
Show up to court that day and you don't
Cackle maniacally as the judge signs a bench warrant for his victim's arrest she doesn't know about
He now can get her thrown in jail whenever she acts up, e.g. runs away or fights back
The legal system is now his personal army
And we pretend that democracy, rule of law and the legal system is supposed to be capable of protecting innocent people from abusers and preventing tyranny. We pretend it was ever even able to, let alone willing.
We obviously need something better.
No means yes and yes means harder.
Abusers will just lie and tell the judge they gave notice and the courts never listen when defendants claim they never got any. It's always assumed to be a lie, hence bench warrants.
Or just threaten her or otherwise stop her from showing up. Bonus points if he slips opiates into her drink, she passes out and misses the court date, and he then accuses her of being a drug addict.
You really don't know anything about how abuse works if you're seriously questioning this.
Isn't hiding an official summons a felony?
"the private enforcement mechanism" -- which is essentially an end run around restrictions on what the government is technically not allowed to do itself, by heavily implying that they want something done instead of explicitly hiring someone to do it. "Will no one rid me of this meddlesome priest?"
Except it's not even that indirect. The government of Texas invented this novel class of private liability, and their courts are the ones enforcing it. That's the same as banning it themselves, and blatantly unconstitutional.
I'm a bit surprised they didn't implement this as a tax. That would be just as bad, but the federal government has a long history of imposing punitive taxes on things they aren't allowed to ban; it would have been harder to fight it that way without forcing an overhaul of the entire tax system… and politicians are so very fond of special-purpose taxes and credits.
That doesn't really explain anything.