Eighth Judicial Court Rules

Rule 5.21 – Temporary restraining orders regarding residence.

Rule 5.21. Temporary restraining orders regarding residence.

  • (a) Except as provided in paragraph (c), if both parties to a domestic relations matter are living in the community residence at the time the order is requested, or if the other party is in sole possession of the community residence at such time, a motion by a party for immediate temporary exclusive possession of the community residence or for a preliminary injunction requesting the same relief will only be considered after notice to the other party. The motion must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such motion.

    (b) If the other party is not living in the community residence at the time a party makes a request for exclusive possession of that residence, an appropriate ex parte restraining order will be considered by the court, subject to modification upon motion noticed as required in paragraph (a) of this rule. Such application must be supported by an affidavit upon personal knowledge setting forth in detail the facts in justification of such motion

    (c) Ex parte motions for restraining orders granting temporary exclusive possession of the community residence where both parties are residing therein will be considered only in cases of extreme emergency, supported by an affidavit setting forth in detail facts establishing the existence of an emergency to the satisfaction of the judge or referee. In applying for an ex parte restraining order, no party or attorney shall request another party to be removed from his or her usual residence if the property or interest therein is the separate property of the other party, nor may any person be required to leave any premises where he or she is residing unless given sufficient time (at least 12 hours) from the service of said order to remove his or her wearing apparel and personal effects therefrom.