Having a kick-out order entered against you can seriously disrupt many different parts of your life. In Texas, when someone claims to be a victim of domestic violence and files for a protective order, they can ask for a kick-out order to be included as part of the protective order.
What is a kick-out order?
A protective order prevents you from being near or having contact with the petitioner, or the person who filed the protective order petition against you. A kick-out order means that the petitioner is also requesting that you be removed from your residence.
You cannot be asked to leave your residence as part of a kick-out order if you own or rent the residence in your name only. The only exception to this rule is if you have a spousal support or child support order against you, requiring you to make payments on behalf of the petitioner or a child whom you both share.
The allegations must be recent
The petitioner must meet several requirements to get a kick-out order. They must live in your residence at the time the order is requested or have lived there within the past 30 days.
Additionally, any alleged domestic violence must have happened within the last 30 days, and they must claim that there is a clear and present danger that you are likely to commit another act of violence against the petitioner or another household member.
One of the most unfortunate aspects of a kick-out order is that you may not receive notice that one was granted against you until a police officer or constable shows up at your door to serve you with it and ask you to leave. A judge may try contacting you, but if you do not respond, they will not keep trying.
You do not have to leave
This can be extremely distressing and disruptive, especially if the domestic violence allegations are false. Therefore, it is important to know that you cannot be arrested for refusing to leave your home. A police officer or constable will come with the petitioner to ask you to leave, but they cannot force you to. You can say no.
You have many legal rights if a kick-out order is entered against you. A criminal defense attorney can help you protect these rights and mount any potential defenses.