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Grounds for a "move out" order in California Family Court

Los Angeles, CA |

What type of showing do I need to make to have a court enter a "move out" order against my spouse while my divorce case is pending? What do I need to establish to obtain the order?

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Attorney answers 1


What you need to establish is different depending on, among other things, whether you're trying to do this by emergency ("ex parte") temporary restraining order, or if you're trying to do it after notice and a full hearing, whether or not there are children involved , and other facts.

If it's a true emergency, and you, or your children are in danger, call the police first, and then go to the nearest courthouse and ask to be directed to the procedures for getting Domestic Violence Prevention restraining orders. THEN talk to an attorney. If it's NOT an emergency, you should at least consult with an experienced family law attorney before going ahead with anything.