Going through a divorce is not easy. If you are going through a rather volatile divorce, you may hear about a dwelling exclusion order. A dwelling exclusion order is an order from the court that excludes one party from the home due to a risk of domestic violence. In Texas, if you receive a protective order against your spouse, the spouse will automatically be excluded from your family home (dwelling) for as long as the protection order states.
When Do I Need a Dwelling Exclusion Order?
An order is put in place typically when there is danger of bodily harm from your spouse. A dwelling exclusion order would keep your spouse out of your home and away from you and your children. There are such things as both temporary protective orders that last approximately 20 days and a permanent protective order that lasts up to two years. If you feel as though your spouse may hurt you, talk to your attorney right away.
What If My Spouse Violates the Order?
If your spouse still attempts to enter your home, there are big penalties. You should immediately call the authorities to report the violation of the protective order. The violating spouse will be fined and can serve jail time.
How Do I Get a Dwelling Exclusion Order?
In order to get a dwelling exclusion order, you need to talk to an experienced family law attorney. They would be able to listen to your situation and provide you with guidance on how to move forward with your case. If you believe that your spouse will cause immediate harm to you and your family, get to a safe place and call 911.