Plano, TX asked in Domestic Violence for Texas

Q: Please explain me how is it possible , that judge make rulings against petitioner in Domestic Violence Case?

Judge made rulings (eviction) against petitioner in domestic violence case without any filed legal actions in court (cross- complaint) against petitioner . How often judge made rulings and charges against petitioner without filed legal actions(cases) in court?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: In general, a judge might deny a petition that was somehow defective. For example, if the court lacks jurisdiction, or the petition did not state a cause of action, or that it didn't show that the petitioner was entitled to relief.

Evictions are paused in some jurisdictions because of the pandemic, so it might be that simple. I'm not 100% clear on the connection between domestic violence and an eviction unless it was a violation of the terms of a written lease.

If you are the victim of domestic violence from a household member then applying for a Family Violence Protective Order might essentially accomplish the same result as an eviction.

If this case was a pure eviction rather than a protective order, assault case, or divorce, then you might consider re-posting it here on Justia with more lease violation details and choosing "Landlord - Tenant" as the practice area instead of domestic violence.

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