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Residence Exclusions In California Family Law Cases

Gone are the days when the first spouse/marital partner to help file a Petition regarding dissolution of marriage, legal separation, or nullity,california family law with an accompanying Order To show Cause, can obtain an ex parte kick-out order from the other spouse/marital partner.

Since 2009, and the passage connected with Family Code, Section 6321, this previously abused process, has largely been curbed, together with the hatred and animosity that these kinds of ex parte kick-out orders invariably instilled inside the spouse/marital partner who was suddenly told to eliminate himself/herself from the loved ones residence,california family law practice without the benefit of getting been given a way to be heard in Court.

Under California family law expert, a Court can only issue an ex parte (with not a hearing) order not including a spouse/marital partner/party from the family dwelling, the dwelling of the other party, or the common residing of both parties, regardless of who holds title or would be the lessee of the property, if ALL of these three (3) circumstances exist/are proven:

1. Sufficient facts are presented to enable the Court to ascertain that this party applying for a kick-out order carries a right, under color, to possession of this residence; AND

2. The party to possibly be excluded " has bombarded, or threatened to assault" the opposite party, or any person under the care of the different party, or any minor child on the parties, or the other get together; AND

3. That "physical or emotional harm" would otherwise give you the other party, or the person within the care of the various other party, or to any minor child of the parties, or of the different party.