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Dwelling Exclusions In California Family Law Circumstances

Gone are the days once the first spouse/marital partner to file a Petition with regard to dissolution of marriage, legal separation, or nullity,california family law with an accompanying Order Showing Cause, can obtain an ex-mate 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 such ex parte kick-out orders invariably instilled from the spouse/marital partner who was suddenly told to take out himself/herself from the loved ones residence,california family law practice without the benefit of having been given a way to be heard in The courtroom.

Under California family law expert, a Court can only issue an ex parte (without a hearing) order leaving to one side a spouse/marital partner/party through the family dwelling, the dwelling of another party, or the common home of both parties, regardless of who holds title or may be the lessee of the house, if ALL of this three (3) ailments exist/are proven:

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

2. The party to become excluded " has bombarded, or threatened to assault" another party, or any person within the care of the other party, or any minor child on 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 other party, or to any minor child of the parties, or of the some other party.