Seized real property. Forfeiture pending. Meth lab case. Crook in TDC. Crook's family/friends still in house. Any thoughts on how to remove them prior to trial? Some evidence that they may intentionally damage the property. Considering an order to preserve property, so if you have a format, would appreciate a copy.

Have done several real property seizures where family members remain in the house during the pendency of the proceeding. I have not had the particular concerns with them damaging the property. However, if that was a concern, I would recommend amending your original petition and adding a request for a temporary injunction to maintain the status quo (i.e. the condition) of the property during the pendency of the case. You can then set a hearing on the temporary injunction and present whatever evidence you have to the Court that the occupants intend to damage the property.

I don't have a particular form for a temporary injunction in this circumstance, but could probably rustle up a form from my private practice days.

Robert DuBoise
Assistant District Attorney
Parker County, Texas
rduboise@sbcglobal.net