Texas Family Code - Section 83.006. Exclusion Of Party From Residence
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§ 83.006. EXCLUSION OF PARTY FROM RESIDENCE. (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
(3) 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.
Added by Acts 1997, 75th Leg., ch. 34, § 1, eff. May 5, 1997.
Section: 82.042 82.043 83.001 83.002 83.003 83.004 83.005 83.006 83.007 84.001 84.002 84.003 84.004 84.005 85.001
Last modified: August 11, 2007
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