FAQS - HOUSTON FAMILY LAW AND DIVORCE ATTORNEYS
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VERITAS LEGAL GROUP'S FAMILY LAW & DIVORCE FAQs
Please Contact Our Houston Child Support and Custody Lawyers & The Woodlands Divorce Attorneys Regarding Specific Questions
Can someone be excluded from his/her own residence by an ex parte protective order?
Yes, in certain circumstances. Remember, an ex parte order is one issued without the respondent present or without the respondent having opportunity to be heard. Subject to the following limitations, a party can exclude another from his or her own residence if: the residence is jointly owned by the party seeking possession and the party sough to be excluded; is owned or leased by the party seeking possession; or is owned or leased by the party sought to be excluded if that party is obliged to support the other party or a child of the other party who is granted possession. The affidavit accompanying the application for the ex parte order states a detailed description of the facts and circumstances requiring the exclusion of the subject of the order and appears in person to testify at the ex parte hearing to justify the issuance of the order. A court cannot render a temporary ex parte protective order excluding someone from his/her residence unless it finds that the applicant requesting the order resides at the premises or has resided there within 30 days of the date of the application and the person sought to be excluded has committed family violence within the 30 days before the application date; 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. The court must set the hearing on the application no later than the 14th day after the date the application is filed unless at the request of a prosecuting attorney in certain circumstances. If the respondent has not been served at the time of the hearing, the applicant can request the court reschedule the hearing for a date no later than 14 days from the date of request.
To determine if filing an application for a protective order is right in your circumstance, contact a Houston Family Law Divorce Attorney or the Woodland Divorce Lawyer of Pham & Cloves, PLLC Our Houston Divorce Attorneys can be reached at713-492-0337 or fill out the online access form. Protective orders should be taken seriously as they institute a host of consequences for the party who is subject to the order. If you are the subject of a protective order, contact a Houston Protective Order Lawyer and The Woodlands Divorce Attorney at Veritas to find out your legal rights under the order.
DISCLAIMER
Pham & Cloves, PLLC is a general practice law firm. Our law office does not claim to specialize in any area of law stated above. Each legal issue is unique depending on the fact and circumstances surrounding each case. In many cases, further research and analysis must be done before a competent legal issue may be answered. You should NOT rely on the information on this FAQ section to replace a personal consultation with an experienced Houston Child Support and Custody Attorney and the Woodlands Divorce Lawyers at Veritas. There may be legal issues in which you may not be aware. Please feel free to call the Houston Texas Divorce Attorneys and the Woodlands Family Law and Child Custody Support Lawyers at Pham & Cloves, PLLC today at713-492-0337 or complete our Online Contact Form.