Can a party have the other party exclude from the residence by a temporary restraining order?
Unless the other party is present at the hearing on a temporary restraining order, the court cannot exclude them from the residence. Because this is actually a temporary division of property, the court cannot dispossess a person of their property without giving them a chance to be heard. Thus while one party can obtain an order preserving property, it cannot obtain temporary a division of property this way.
Untitled Document
Please call us today at 281.210.0010 or complete our contact form and let us assist you with your legal need.
Untitled Document
Smith & Garg LLC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380
Please call 281-210-0010 | Fax: 281-362-9757
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville,
Cleveland, Stafford, Montgomery County, Harris County, Westchase, West Oaks, Memorial, Sugar Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.