1. (a) Subject to the limitations of Section 85.021(2), a person may only be excluded from the occupancy of the person's residence by a temporary ex parte order under this chapter if the applicant:

   1. (1) files a sworn affidavit that provides a detailed description of the facts and circumstances requiring the exclusion of the person from the residence; and
   2. (2) appears in person to testify at a temporary ex parte hearing to justify the issuance of the order without notice.

2. (b) Before the court may render a temporary ex parte order excluding a person from the person's residence, the court must find from the required affidavit and testimony that:

   1. (1) the applicant requesting the excluding order either resides on the premises or has resided there within 30 days before the date the application was filed;
   2. (2) the person to be excluded has within the 30 days before the date the application was filed committed family violence against a member of the household; and
   3. (3) there is a clear and present danger that the person to be excluded is likely to commit family violence against a member of the household.

Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.