Domestic Violence in Texas - FAQ's

If there has been family violence, can the court’s Ex Parte Order require the person alleged to have committed family violence to leave the residence?

The applicant must submit a detailed affidavit that specifically describes the facts and circumstances that justify the exclusion of that person from the residence.  She must also appear at the ex parte hearing and testify under oath before the court will issue such an order.  The court must find that the applicant resides or has resided on the premises within thirty days of the filing of the application, that the person to be excluded has committed family violence against a member of the household within thirty days before the filing of the application and that there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.  If the court makes all these findings, the person alleged to have committed family violence can be excluded from the residence.

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