[CA] Can I get a restraining order during divorce if my spouse keeps coming to the home unannounced after moving out?

Lexi, Chatbot

I understand how concerning it can be to have someone show up unannounced, especially during a divorce. Have there been any specific incidents during these visits that made you feel unsafe?

Lexi, Chatbot

Are there any children involved in this situation, and if so, what is their current living arrangement?

Lexi, Chatbot

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your restraining order.

Andrew F., Esq.

Good day and welcome. Please give me a moment to review your question.

Note that I am a hearing impaired expert and so phone calls are difficult for me. Thank you for understanding. Just so you are aware, this is a legal information only site. I do not provide representation and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your particular case to ensure that a proper review is conducted.

Could you tell me if there have been any specific incidents during these visits that made you feel unsafe?

Andrew F., Esq.

It makes complete sense that you’re feeling overwhelmed and looking for clarity, because California law draws an important distinction between:

1. a domestic violence restraining order (DVRO) under the Domestic Violence Prevention Act, and (CA Fam Code § 6340)
2. a civil occupancy or exclusive use order issued by the family court during a pending divorce. (CA Fam Code § 6321)

The legal question is not whether your husband is a co-owner—he is—but whether his conduct constitutes “abuse” or creates a legally recognized threat to your safety, peace, or emotional well-being. Under Family Code (CA Fam Code § 6203) and (CA Fam Code § 6320), “abuse” includes not only physical harm but also harassment, disturbing the peace, coercive control, or conduct that destroys the mental or emotional calm of the other party.

If his repeated unannounced entries, refusal to respect boundaries, and intentional disregard of your requests are causing serious anxiety or emotional distress, that can satisfy the statutory definition of “disturbing the peace,” which California courts have held is enough to support a DVRO—even where the parties are married, co-own property, and there is no physical violence.

The key issue is whether his conduct has crossed the threshold into interference with your mental calm and sense of security, not simply whether he pays half the mortgage. However, because you are in the early stages of a divorce and the property is jointly owned, the more common—and often more legally straightforward—remedy is to request a family-court “exclusive use and possession” order or a temporary order regulating access to the residence under Family Code § 6321 and § 6340.

If his behavior escalates, or if there is any further harassment or intimidation, you can still pursue a DVRO later. For now, a temporary family-court access order may give you the protection and predictability you’re looking for while keeping the divorce process on stable ground.

Andrew F., Esq.

During a dissolution proceeding, the judge has broad authority to issue temporary orders that control how each spouse uses and enters the marital residence, even when both names are on the title. You can request that the court order him not to enter the home without notice, limit visitation to specified days and times, or grant you temporary sole occupancy during the divorce.

This avoids the higher evidentiary threshold of a DVRO while still giving you enforceable protections. Judges routinely issue these orders when unannounced visits create anxiety, conflict, or disruption—even if there has been no physical violence.

In evaluating the request, the court will consider the practical realities of co-ownership, your need for privacy and emotional safety, the child’s best interest, and whether your husband’s conduct appears controlling or intrusive rather than genuinely tied to property management.