Once the petition is filed, how soon can I remove the spouse from the home, when civil/domestic violence was involved, with children as well?

UPDATED: Oct 1, 2022

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Once the petition is filed, how soon can I remove the spouse from the home, when civil/domestic violence was involved, with children as well?

My husband and I have been married for 11 years. We have had several issues with adultery and violence. We recently got in a very rough violent situation and the children watched it happened. Injuries accured and several witnesses also are involved. The police was called twice, and I am scared for my safety of him living in the house. How fast can I seek separation from the home, while the process of the divorce. Do I need to get a lawyer?

Asked on January 1, 2018 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file for a divorce now, and I suggest that you do so now.  The longer you wait, the longer you wait, the more it will appear to the court that it was not "that big of a deal."  
For right now, you cannot take his name off the title to the house (that is done via a final hearing), but you can seek to have him physically removed from the house with a protective order, a temporary restraining order, or temporary orders.  
Generally, you have to wait 60 days before a divorce is granted.  However, because there has been domestic violence, you are able to ask the court to grant a divorce in under 60 days.
You are not required under Texas law to have an attorney for this process.  However, because this involves your safety and the safety of your children, I strongly recommend that you obtain an attorney.  If you cannot afford an attorney, seek legal aid, church groups, and local attorney bar programs to obtain low or free representation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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