Can a restraining order include conditions about a shared home or matrimonial property?
A restraining order itself is primarily about contact and communication — no-contact, stay-away, and similar safety conditions — but it can be combined with a separate order dealing with the home, such as an exclusive possession order under the Family Law Act, which addresses who gets to live in and control access to the matrimonial home while the family law case is ongoing. Courts frequently deal with both issues together where safety is a concern, since a no-contact condition is of limited use if the other party can still legally return to the shared home.
An exclusive possession order can require one spouse to leave the home, or bar them from returning, regardless of whose name is on title, where the court is satisfied it's necessary given the circumstances, including any family violence. This is a temporary or interim measure while the broader property and family law issues are resolved, not a final determination of ownership. Anyone facing a safety concern connected to a shared home should ask specifically about exclusive possession alongside a restraining order.
Key takeaways
- A restraining order mainly addresses contact and communication, not home occupancy on its own.
- Exclusive possession orders under the Family Law Act address who can live in or access the home.
- The two are often sought together where safety concerns involve a shared home.
- Exclusive possession is available regardless of whose name is on title.