Property Code § 24A.0021

Sec. 24A.0021. TEMPORARY EX PARTE WRIT AUTHORIZING ENTRY AND PROPERTY RETRIEVAL. (a) A court may issue a writ under Section 24A.002 without providing notice and hearing under Section 24A.002(e)(5) if the court 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 court issuing a writ under this section may waive the bond requirements under Sections 24A.002(c) and (d). (c) The court 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 court 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. Added by Acts 2017, 85th Leg., R.S., Ch. 588 (S.B. 920), Sec. 1, eff. September 1, 2017. Amended by: Acts 2021, 87th Leg., R.S., Ch. 451 (H.B. 1012), Sec. 2, eff. September 1, 2021.