Disputes within a family or household can be emotionally draining, physically injurious and financially difficult. Many times people ask Officers, “can I make my spouse/family member/adult child or other person leave my house?” Officers are not lawyers and may not give legal advice. Persons who are living in your house may have gained the right to live there until they are ordered to leave through a legal process called an eviction. Because evictions are a civil matter (a matter that would be settled in a non-criminal court), you may want to consult your private attorney or seek assistance through the Justice of the Peace Court that is nearest to the residence. An Officer’s duty when dealing with civil matters is to preserve the peace.
When you contact an Attorney or Justice of the Peace Court regarding an eviction, keep these things in mind:
Some courts do not view evictions regarding family disputes the same way as they do Landlord/Tenant disputes.
Ask about what forms the Court requires and how to obtain those forms.
Ask what notice requirements the Court has and how much time the process takes.
Remember that in an eviction process you do not automatically have the right to keep someone’s property from them without a Court Order. It will be best to talk to a lawyer or the Justice of the Peace Court. Listed below are Justice of the Peace Courts in Denton County. A Google link is included to help you find the locations of these Courts.