CALIFORNIA CODES
CALIFORNIA FAMILY CODE
Division 10. PREVENTION OF DOMESTIC VIOLENCE
Part 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS
Chapter 2. ISSUANCE OF ORDERS
Article 1. Ex Parte Orders
Current through 2012
ยง 6321.
(a) The court may issue an ex parte order
excluding a party from the family dwelling, the dwelling of the other party, the common dwelling of both parties, or the dwelling of the person who has care, custody, and control of a child to be protected from
domestic violence for the period of time and on the conditions the court determines, regardless of which party holds legal or equitable title or is the lessee of the dwelling.
(b) The court may issue an order under subdivision (a) only on a showing of all of the following:
(1) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has
a right under color of law to possession of the premises.
(2) That the party to be excluded has
assaulted or threatens to assault the other party or any other person under the care, custody, and control of the other party, or any minor child of the parties or of the other party.
(3) That
physical or emotional harm would otherwise result to the other party, to any person under the care, custody, and control of the other party, or to any minor child of the parties or of the other party.