Trespass Warning In TX

[RASA]

Texas:

Situation: Husband/wife are going to get a divorce, no paperwork has been filed at all, wife is in the process of moving her possessions out of the house over a month long period. Husband has girlfriend stay in the house over the weekend and start moving in her property. Wife comes home to find house locked up and she is not allowed to enter, she calls police and wants them to issue a trespass warning/criminal citation under S30.05 citing A below:
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;


Wife is still part owner of the home no divorce has even been filed. POLICE will not tell the girlfriend to vacate since she has permission to be there from the husband but wife says she has no permission from her and wants her out of the house. Police say there is nothing they can do. Is this correct?

Also husband locks wife out of the house, she wants to go back to get more of her property or even enter the home. Can she just break the windows to enter her own home and not get into trouble from the police?

What can the wife do to get the girlfriend off the property?

 

[Ohiogal]

Texas:

Situation: Husband/wife are going to get a divorce, no paperwork has been filed at all, wife is in the process of moving her possessions out of the house over a month long period. Husband has girlfriend stay in the house over the weekend and start moving in her property. Wife comes home to find house locked up and she is not allowed to enter, she calls police and wants them to issue a trespass warning/criminal citation under S30.05 citing A below:
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;


Wife is still part owner of the home no divorce has even been filed. POLICE will not tell the girlfriend to vacate since she has permission to be there from the husband but wife says she has no permission from her and wants her out of the house. Police say there is nothing they can do. Is this correct?

Also husband locks wife out of the house, she wants to go back to get more of her property or even enter the home. Can she just break the windows to enter her own home and not get into trouble from the police?

What can the wife do to get the girlfriend off the property?

What do the court orders state? Wife can most likely do nothing about the girlfriend except bring her into the divorce regarding dissipation of marital assets. And if there are children, getting a no paramour order.

 

[anearthw]

Since no paperwork has been started, this is just a marital disagreement over a 'guest' - wife needs to file for divorce asap. The police are correct - mistress can be there if husband permits it.

Ohiogal has given you the correct information but the trash can't be taken out until she files.

 

[CavemanLawyer]

Consent to enter or remain on any property only requires the consent of ONE person that has authority to consent. You do not need the consent of every person that has rights to that property. The police are correct that the new girlfriend has every right to be there.

As for getting your property, your best bet is to call the police and ask for a civil standby. A police officer can escort you onto the property to reclaim any items that are agreed to be yours, meaning that the husband is present and agrees you can take it. If there is any disputed property then you will have to take that issue up in the divorce proceedings.

 

[Just Blue]

What do the court orders state? Wife can most likely do nothing about the girlfriend except bring her into the divorce regarding dissipation of marital assets. And if there are children, getting a no paramour order.

Px Hx. 3rd party poster.