An affiliate of Martine Law, serving Texas, Minnesota, North Carolina and New Jersey. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Consent and Former Residents in Texas Burglary Cases
Learn why keys, past residence and permission require careful review in Texas burglary-of-a-habitation allegations.
In short: A key or former residence does not by itself resolve effective consent in a Texas burglary case. Counsel should examine who had the relevant possessory rights, what permission existed and the circumstances at the time of entry. Ownership and permission are related but distinct legal questions.
Explore this page 9 sections
Does previously living there guarantee a right to enter?
No. The current facts and applicable legal rights must be reviewed. Prior residence may be relevant evidence but should not be treated as permanent permission regardless of later changes.
Can text messages help establish permission?
Yes, depending on their content and timing. Preserve the complete exchange, including conditions or later messages. An invitation for one purpose or date should not automatically be treated as unlimited consent.
What records should be brought to counsel?
Bring relevant leases, court orders and communications already lawfully available. Do not enter the property to collect evidence or belongings in violation of an order. Counsel can evaluate consent and advise on lawful ways to address access disputes separately from the criminal allegation.
A practical example and questions for counsel
Hypothetical example: Suppose an ex-partner still has a key and messages about collecting belongings. The key, the messages, any order and the current possessory arrangement should be reviewed together. Permission may be limited in time or purpose, and a court order can create a separate issue that should not be ignored. Do not enter the property to test whether access is allowed. Counsel can assess the documents and address retrieval lawfully. The burglary analysis should then focus on the actual entry and alleged criminal intent or conduct, not simply the history of the relationship.
How this fits Texas law
Burglary of a habitation under section 30.02 involves entry or remaining concealed without effective consent and the specified criminal intent or conduct. A habitation is defined by adaptation for overnight accommodation, with additional included areas. It is generally second degree; subsection (d) provides a first-degree route involving a felony other than felony theft.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Does previously living there guarantee a right to enter?
No.
Can text messages help establish permission?
Yes, depending on their content and timing.
What records should be brought to counsel?
Bring relevant leases, court orders and communications already lawfully available.
Protecting Good People During Hard Times
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.