Legal Information: California

Custody

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Updated: 
June 18, 2018

Am I eligible for an ex parte temporary custody order?

It depends on your situation. Judges will only grant ex parte orders when there is immediate harm to the child or an immediate risk that the child will be removed from the state.

Immediate harm to the child includes, but is not limited to, having a parent who has recently or continually committed acts of domestic violence, or if the child has been recently or continually sexually abused.1

1 Ann.Cal.Fam.Code § 3064

Next: Can I ask for an ex parte temporary custody order when I file for custody?
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