Current as of April 14, 2021 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(a) A justice of the peace may issue a writ under Section 24A.002 without providing notice and hearing under Section 24A.002(e)(5) if the justice finds at a hearing on the application that:
(1) the conditions of Sections 24A.002(e)(1)-(4) are established;
(2) the current occupant poses a clear and present danger of family violence to the applicant or the applicant's dependent; and
(3) the personal harm to be suffered by the applicant or the applicant's dependent will be immediate and irreparable if the application is not granted.
(b) A justice of the peace issuing a writ under this section may waive the bond requirements under Sections 24A.002(c) and (d).
(c) The justice of the peace may recess a hearing under Subsection (a) to notify the current occupant by telephone that the current occupant may attend the hearing or bring to the court the personal property listed in the application. The justice of the peace shall reconvene the hearing before 5 p.m. that day regardless of whether the current occupant attends the hearing or brings the personal property to the court.
(d) A temporary ex parte writ issued under Subsection (a) must state the period, not to exceed five days, during which the writ is valid.
Cite this article: FindLaw.com - Texas Property Code - PROP § 24A.0021. Temporary Ex Parte Writ Authorizing Entry and Property Retrieval - last updated April 14, 2021 | https://codes.findlaw.com/tx/property-code/prop-sect-24a-0021/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.