Texas Family Code

§ 83.006 — EXCLUSION OF PARTY FROM RESIDENCE

FA § 83.006Title 4. PROTECTIVE ORDERS AND FAMILY VIOLENCE · Part B. PROTECTIVE ORDERS · Ch. 83. TEMPORARY EX PARTE ORDERS

Statute text

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(a)Subject to the limitations of Section 85.021(2), a person may only be excluded from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:

(1)files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and

(2)appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice.

(b)Before the court may render a temporary ex parte order excluding a person from the person's residence, the court must find from the required affidavit and testimony that:

(1)the applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the date the application was filed;

(2)the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household; and

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 632 (S.B. 819), Sec. 4, eff. September 1, 2011.