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Home Exclusions In California Family Law Situations

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

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

Under California family law expert, a Court can only issue an ex parte (without a hearing) order not including a spouse/marital partner/party through the family dwelling, the dwelling of another party, or the common house of both parties, regardless of who holds title or would be the lessee of the house, if ALL of the next three (3) disorders exist/are proven:

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

2. The party to be excluded " has bombarded, or threatened to assault" the opposite party, or any person within the care of the additional party, or any minor child in the parties, or the other celebration; AND

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