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Residence Exclusions In California Family Law Instances

Gone are the days once the first spouse/marital partner for you to file a Petition pertaining to dissolution of marriage, legal separation, or nullity,california family law with an accompanying Order To show Cause, can obtain an ex girlfriend or boyfriend parte kick-out order resistant to the other spouse/marital partner.

Since 2009, and the passage regarding Family Code, Section 6321, this previously abused practice, has largely been curbed, together with the lack of control and animosity that this kind of ex parte kick-out orders invariably instilled in the spouse/marital partner who was suddenly told to eliminate himself/herself from the family residence,california family law practice without the benefit of needing been given a chance to be heard in The courtroom.

Under California family law expert, a Court can simply issue an ex parte (and not using a hearing) order taking out a spouse/marital partner/party in the family dwelling, the dwelling of the opposite party, or the common dwelling of both parties, regardless of who holds title or is the lessee of the property, if ALL of this three (3) circumstances exist/are proven:

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

2. The party to always be excluded " has assaulted, or threatened to assault" one other party, or any person beneath the care of the other party, or any minor child in the parties, or the other party; AND

3. That "physical or mental harm" would otherwise cause the other party, or the person beneath care of the other party, or to any minor child of the parties, or of the some other party.