Legal Question in Family Law in California
what is a stay away order? i am going through divorce, live in the home where my spouse walked out from and spouse wants to move back in. divorce is still pending and close to going to court. Can I use a Stay Away Order to keep spouse out until we settle?
Asked on 8/10/11, 10:11 am
2 Answers from Attorneys
Arlene Kock
Law Offices of Arlene D. Kock APLC
If he has been residing at a different location, the best choice would be to file a motion asking that you continue to have sole occupancy of the family home until further court order.
Answered on 8/10/11, 12:07 pm
I completely agree with Ms. Kock. A sole use and occupancy order would be more appropriate unless there is domestic violence or threat of it. Under the circumstances you should be able to get that order on an expedited basis by filing an OSC and ex parte application shorting time.
Answered on 8/11/11, 2:03 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
