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Smith & Garg - Attorneys at Law
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Restraining Orders - FAQ's

Faq's

Restraining or protective orders, smith and garg family attorneysCan a party have the other party exclude from the residence by a temporary restraining order?

Unless the other party is present at the hearing on a temporary restraining order, the court cannot exclude them from the residence.  Because this is actually a temporary division of property, the court cannot dispossess a person of their property without giving them a chance to be heard.  Thus while one party can obtain an order preserving property, it cannot obtain temporary a division of property this way.

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