What to do if temporary orders mandate that a respondent vacate the marital residence by a date certain but they refuse?

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What to do if temporary orders mandate that a respondent vacate the marital residence by a date certain but they refuse?

Law enforcement will not make her leave. What is next step in getting an order signed by the judge, ordering law enforcement to remove her?

Asked on September 19, 2012 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

It's a bit odd that law enforcement will not enforce an order, but not completely unheard of because a lot of police agencies do not like to get in the middle of domestic disputes.  However, you are not without other options.  If she has not vacated by the due date, have a motion ready to file with the court to enforce the prior order and ask for sanctions, including contempt.  The judge may or may not impose contempt, but if you can get the judge to do one day, that's all you need to get her out and then change the locks.  If she enters the residences after being expelled from the home and the locks being changed, then you can press charges for criminal trespass and potentially burglary of a habitation.  If law enforcement continues to be reluctant to follow the orders or the law, then go talk to a supervisor, chief, or sheriff of the agency that is acting gutless.


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