Legal Information: California
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
© 2008–2019 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.