Updated: Jan 7, 2022
Christopher Meyer Law Firm, PLLC Can Help When You Need Your Spouse Out of the House in a Texas Divorce
Your spouse cheated on you and now you want them gone. You call the locksmith and have the locks changed. When your soon-to-be ex comes home, they call the police because you locked them out. You think you are doing the right thing but now you are in trouble. The judge in your divorce is not amused by your engaging in self-help. Don’t get yourself involved in a mess because you jumped the gun. There is a proper procedure and judges have their own requirements of what is necessary to affect a kick-out order restricting their access to the marital residence. Note that orders to get your spouse out of the house apply to domestic living situations and marriage and divorce are not required to qualify for relief from the Court.
In a Texas divorce, an order to get your spouse out of the house can be the relief requested in your application for a protective order. Most judges require a protective order when a party seeks a kick-out order. A protective order is a serious matter. There must be more than dislike and hurt feelings to seek a protective order. The consequences of violating a protective order are also serious, including potential time in jail. If you do need a kick-out order to get your spouse out of the house, attorneys Christopher Meyer and Rachel Jagnanan can help you.
The divorce lawyers at Christopher Meyer Law Firm, PLLC are experienced in high conflict divorce and child custody cases. In cases where domestic or family violence occurs, we ight zealously for clients and the best interests of children. And, at times we defend against opposing parties seeking protective orders when they appear only to use the system, trying to gain an advantage.
Applying for a Protective Order Specifically Requesting an Order to Get Your Spouse Removed From the House
When an application for a protective order is filed, the court hears evidence about where family violence has occurred or is likely to occur in the future. Sometimes both parties apply for protective orders and the Court can issue both with appropriate conditions. In some instances, parties can work towards conflict resolution by agreeing to the terms of protective orders, to be approved by the Court.
When applying for the issuance of a protective order, the party seeking the order asks for specific relief, including what is referred to as a kick-out order, to get your spouse out of the house. The court may grant your request to remove your spouse from the house and order your spouse to leave.
Note that you do not need to own the home to get a kick-out order. Renters absolutely have rights to seek the Court’s order to remove your spouse. Also, note that an order kicking your spouse out of the house is issued on a temporary basis and does not otherwise affect title to the property. Even if only one of the spouses is named on the title, they can still be removed.
Excluding the Spouse from the Home with an Ex Parte Protective Order.
Ex parte means without notice. In most divorce procedures the other party is entitled to notice of motions and hearings, so they may be present in Court for any actions that may affect their rights. Ex Parte protective orders can be issued on a temporary basis. Ex parte orders are temporary to prevent the threat of immediate harm. A temporary order is valid for 20 days, and the parties may both appear at a hearing if the one who sought the protective order wants it to be extended.
The Texas Family Code addresses kicking your spouse out of the house in a section about exclusion from the residence. The application must include an affidavit of the facts and circumstances why the spouse must be excluded. The Court must find that within the past 30 days the person to be excluded committed family violence against another member of the household. Additionally, there must be a finding a danger that the person to be excluded is likely to commit family violence against another in the household, again.
The hearing for an order excluding a party from the residence follows all the applicable rules of Texas family law and procedure. Witnesses may be presented to present evidence as well as officers reports and testimony regarding incidences of family violence and the facts supporting an application to kick the other spouse out of the marital home.
When you need an ex-parte protective order, and/or an order excluding your spouse from the home, call Christopher Meyer Law Firm, PLLC at (281) 845-2472 or fill out our online contact form.