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Legal Information: Texas

Restraining Orders

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Updated: 
November 5, 2020

Can the abuser be removed from the home?

A judge can consider excluding the abuser from the home and allow you to stay in the home (grant you “exclusive possession”) if the home is:

  • jointly owned or leased by you and the abuser;
  • owned or leased by you; or
  • owned or leased by the abuser and s/he has an obligation to support you or to support your child.1

If you are asking that the abuser be excluded as part of a temporary ex parte protection order, you must prove all of the following through your affidavit and testimony:

  • you currently live in the residence or you have lived there within the 30 days before you filed the application;
  • the abuser has committed family violence against you or a member of the household within the 30 days before you filed the application; and
  • there is a clear and present danger that the abuser is likely to commit family violence against you or a member of the household again.2

Note: If you are asking for exclusion as part of a temporary ex parte order, the judge can postpone the hearing until the end of the same day in order to call the respondent and give him/her the opportunity to be present in court when the court resumes the hearing.2

1 Tex. Fam. Code § 85.021(2)
2 Tex. Fam. Code § 83.006