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

Answers:

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

Answered 3 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.


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