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Home Exclusions In California Family Law Cases

Gone are the days if your first spouse/marital partner for you to file a Petition intended for 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 from the other spouse/marital partner.

Since 2009, and the passage regarding Family Code, Section 6321, this previously abused exercise, has largely been curbed, together with the violence and animosity that these kinds of ex parte kick-out orders invariably instilled from the spouse/marital partner who was suddenly told to eliminate himself/herself from the spouse and children residence,california family law practice without the benefit of obtaining been given an opportunity to be heard in Judge.

Under California family law expert, a Court can simply issue an ex parte (with no hearing) order eliminating a spouse/marital partner/party from your family dwelling, the dwelling of the other party, or the common home 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 allow the Court to ascertain that this party applying for a kick-out order carries a right, under color, to possession of your residence; AND

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

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