Los Angeles Family Law Attorney | Domestic Violence and Ex Parte

Los Angeles Domestic Violence Attorney
Family Law and Spousal Abuse Lawyer

DOMESTIC VIOLENCE FAQ #3

3. What ex parte orders are available?

A court may issue ex parte protective orders under Fam C §§6320-6327 to:
•        Enjoin personal conduct such as molesting, attacking, assaulting (generally
or sexually), striking, stalking, battering, threatening, harassing, contacting, or
telephoning a person, or destroying personal property, or coming within a certain
distance of a person, disturbing the peace of a person, and, in the court's
discretion if good cause is shown, of other named family or household members
(Fam C §6320(a));

•        Grant to the petitioner, on a showing of good cause, the exclusive care,
possession, or control of any animal "owned, possessed, leased, kept, or held" by
the petitioner or respondent (or by a minor child who resides in the residence or
household of either the petitioner or respondent) and order the respondent to stay
away from the animal and not take, transfer, encumber, conceal, molest, attack,
strike, threaten, harm, or otherwise dispose of the animal (Fam C §6320(b));

•        Exclude 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; these orders
may be made 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 (Fam C §6321(a); see §2.12);

•        Enjoin specific conduct to effect an order under Fam C §6320 or §6321 (Fam
C §6322);

•        Prohibit disclosure of the address or other identifying information of a party,
child, parent, guardian or other caretaker of a child (Fam C §6322.5);

•        Determine the temporary custody and visitation of a minor child (Fam C
§6323; see §2.13);

•        Determine the temporary use, possession, and control of real or personal
property of the parties and the payment of any liens or encumbrances coming due
while the order is in effect (Fam C §6324; see §2.14); and

•        Restrain a married person (or registered domestic partner) from specific acts
in relation to community, quasi-community, and separate property, as described in
Fam C §2045 (Fam C §6325; see §2.14).

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