English
Español40105. Relief.
(a) The court shall be empowered to grant protection by appropriate order or approve any consent agreement to bring about a cessation of abuse of the plaintiff or minor children, which are not limited to, but may include:
(1) directing the defendant to refrain from abusing the plaintiff or minor children;
(2) granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant or restoring possession to the plaintiff when the residence or household is jointly owned or leased by the parties;
(3) when the defendant has a duty to support the plaintiff or minor children living in the residence or household and the defendant is the sole owner or lessee, granting possession to the plaintiff of the residence or household to the exclusion of the defendant by evicting the defendant to restoring possession to the plaintiff or by consent agreement allowing the defendant to provide suitable, alternative housing;
(4) when the plaintiff and defendant are spouses, or persons who have a minor child or children in common and who live together, and if necessary to maintain the safety and basic needs of the plaintiff or the minor child or children in common of the plaintiff and defendant, prohibiting the defendant from:
(A) taking any action that could result in the termination of any necessary utility services or services related to the family dwelling or the dwelling of the plaintiff; or
(B) taking any action that could result in the cancellation, change of coverage, or change of beneficiary of any health, automobile, or homeowners insurance policy to the detriment of the plaintiff or the dependent child or children in common of the plaintiff and defendant;
(5) when the plaintiff and defendant are spouses, or persons who have a dependent child or children in common and who live together, and if necessary to maintain the safety and basic needs of the plaintiff or the minor child or children in common of the plaintiff and defendant, providing the plaintiff with temporary possession of any automobile, checkbook, documentation of health, automobile or homeowners insurance, a document needed for purposes of proving identity, a key, or other necessary specified personal effects; or directing the defendant to:
(A) make rent or mortgage payments on the family dwelling or the dwelling of the plaintiff and the minor child or children in common of the plaintiff and defendant;
(B) maintain utility services or other necessary services related to the family dwelling or the dwelling of the plaintiff and the minor child or children in common of the plaintiff and defendant;
(C) maintain all existing health, automobile, or homeowners insurance coverage without change in coverage or beneficiary designation; or
(D) provide financial support for the benefit of any minor child or children in common of the plaintiff and the defendant; provided, that the defendant has a legal duty to support such child or children and the ability to pay; or
(6) awarding temporary custody or establishing temporary visitation rights with regard to minor children.
(b) Any protection order or approved consent agreement shall be for a fixed period of time as the court deems appropriate. The court may amend its order or agreement at any time upon subsequent petition or motion filed by either party. These provisions are intended to provide victims of family violence immediate relief, and not intended to replace the legal processes for support, custody, or divorce.
(c) No order or agreement under this Chapter shall in any manner affect title to any real property.
