CALIFORNIA FAMILY CODE
TEMPORARY CUSTODY ORDER DURING PENDENCY OF PROCEEDING
PROHIBITION AGAINST EX PARTE ORDERS MODIFYING CUSTODY
Family Code Section 3064
(a) The court shall refrain from making an order granting or modifying
a custody order on an ex parte basis unless there has been a showing of
immediate harm to the child or immediate risk that the child will be removed
from the State of California.
(b) "Immediate harm to the child" includes, but is not limited
to, the following: (1) Having a parent who has committed acts of domestic
violence, where the court determines that the acts of domestic violence
are of recent origin or are a part of a demonstrated and continuing pattern
of acts of domestic violence.
(2) Sexual abuse of the child, where the court determines that the acts
of sexual abuse are of recent origin or are a part of a demonstrated and
continuing pattern of acts of sexual abuse.