Restraining Orders for Renters: Temporary Use of the Apartment

If you rent a La Jolla apartment with someone who has hurt, threatened or harassed you, a California court can do two things at once. It can order that person to stop the conduct and stay away. It can also decide, for now, which of you lives in the apartment. A separate law lets a tenant end the lease after domestic violence.

Most people searching for a restraining order in La Jolla are not looking for a lawsuit. They are looking for a way to sleep in their own home again. Some share a unit with a spouse or partner whose behavior has crossed a line. Some have already left and are staying with a friend while their belongings, and their name on the lease, stay behind. The questions tend to be practical ones. Can I stay if the lease is in his name? Do I have to keep paying rent on a place I can't safely live in? Where does this even get filed? This page answers those questions using the California statutes that govern them and the San Diego court that hears La Jolla cases.

What a Restraining Order Can Do for a Renter in La Jolla

Family Code section 6320 is the starting point. It allows a court to issue an ex parte order, meaning an order made without the other person first getting the usual notice and a chance to respond. That order can stop a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, contacting the other party directly or indirectly, coming within a specified distance, or "disturbing the peace of the other party." This page calls an order of this kind a domestic violence restraining order, or DVRO.

The phrase "disturbing the peace" has a defined meaning in section 6320(c). It covers conduct that, looking at all the circumstances, destroys the other party's mental or emotional calm. That conduct can happen in person, through a third party, or through phones, online accounts, text messages and internet-connected devices. It also includes coercive control. The statute describes this as a pattern of behavior that unreasonably interferes with a person's free will and personal liberty. It lists examples:

• isolating the person from friends, relatives or other support
• depriving them of basic necessities
• controlling or monitoring their movements, communications, daily behavior, finances or access to services
• compelling them through force, threats or intimidation, including threats based on immigration status
• reproductive coercion

That list matters for renters. In a shared apartment, the person causing harm often controls the keys, the Wi-Fi, the building app or the rent account.

Family Code section 6324 is the second piece. It allows the court to issue an ex parte order "determining the temporary use, possession, and control of real or personal property of the parties." In plain terms, the court can decide who stays in the home and who keeps the car or other belongings while the order is in effect. The court can also address payment of any liens or encumbrances coming due during that time. An order that removes a party from the home itself is made under a different section, Family Code section 6321, described below.

Renting is a common way of life in La Jolla. In ZIP code 92037, 29.9% of housing units are in buildings of five or more units (U.S. Census Bureau, American Community Survey 2020-2024 5-year, table B25024). A request for a restraining order from La Jolla goes to the Superior Court of California, County of San Diego. The court's own ZIP code list assigns 92037, 92038, 92039, 92092 and 92093 to its Central Division.

Types of Restraining Orders Available Under California Law

California has more than one kind of restraining order. The right one depends largely on who the other person is and how the conduct happened. Each order type is described below on its own terms.

Domestic violence restraining order (DVRO). This order comes from the Family Code, including section 6320. A DVRO is tied to the relationship between the two people, as the Family Code defines that relationship. This is the order that can carry a section 6321 or 6324 decision about who stays in the apartment. Under section 6320(a), the court may also extend protection to other named family or household members if there is good cause. Under section 6320(b), it may give the protected person exclusive care of a pet and order the other person to stay away from the animal.

Civil harassment restraining order. Code of Civil Procedure section 527.6 lets "a person who has suffered harassment" ask for a temporary restraining order and an order after hearing. Harassment under that section means one of three things: unlawful violence, a credible threat of violence, or a knowing and willful course of conduct aimed at a specific person. That course of conduct must seriously alarm, annoy or harass the person and serve no legitimate purpose. It must also be conduct that would cause a reasonable person to suffer substantial emotional distress, and it must actually cause the person substantial emotional distress. When the relationship does not fit the Family Code, this is often the order people turn to. That might be a neighbor down the hall, or a roommate who is not a family member or partner.

Emergency protective order (EPO). This is a short-term order issued under a separate part of the Family Code, Part 3, which begins at section 6240. When danger is immediate, the first call is to 911. In La Jolla, the San Diego Police Department's Northern Division is the local station. It is at 4275 Eastgate Mall, San Diego, CA 92037, phone 858-552-1700. The department lists the division's 120s service area as La Jolla, Mission Bay, Mission Beach, Pacific Beach and Torrey Pines.

Temporary restraining order (TRO) and order after hearing. These two terms describe timing, not a separate kind of protection. Section 527.6 uses both, and says each can be issued "ex parte or after notice and hearing." A TRO is the court's interim order. It is usually made quickly, on the requesting party's papers. The order after hearing is the court's decision once both sides have had the chance to be heard. Family Code orders follow the same basic shape: an ex parte order first, then a hearing.

Temporary Exclusive Use of the Apartment: Family Code § 6324

The text of section 6324 is short. The court may determine "the temporary use, possession, and control of real or personal property of the parties." For a renter, "temporary exclusive use" means a court order saying that one person may live in the unit and the other may not, for as long as the order lasts. This kind of order is often called a "kick-out" or "move-out" order. An order that excludes a party from the home is made under Family Code section 6321. Under section 6321(a), the court may issue an ex parte order excluding a party from a dwelling the section lists, such as the family dwelling or the common dwelling of both parties, regardless of which party holds legal or equitable title or is the lessee. Under section 6321(b), the court may make that order only on a showing of all of the following: facts showing that the party who will stay has "a right under color of law to possession of the premises"; that the party to be excluded has assaulted or threatens to assault the other party, a person in that party's care, custody and control, or a minor child of the parties or of the other party; and that physical or emotional harm would otherwise result. A related criminal statute, Penal Code section 273.6, refers to "an order excluding one party from the family dwelling." That confirms these orders exist and that they can be enforced.

The statute does not frame the question around whose name is on the lease. It speaks of the property of "the parties," and it leaves the decision to the court. How that applies to a particular apartment depends on the facts. Those facts include who signed the lease, who lives there, and the conduct described in the request. A court is not required to grant exclusive use simply because it is asked. Nothing in section 6324 makes that result automatic.

It also helps to be clear about what the order does not do. Section 6324 addresses temporary use, possession and control, and nothing more. It does not end the lease or change who the landlord's tenant is. It does not release anyone from obligations they owe the landlord. The landlord is not a party to a restraining order case between two occupants. The lease and the court order are two separate things that happen to involve the same front door.

The request for exclusive use is usually made inside the same Family Code restraining order request. For La Jolla ZIP codes, that request is filed in the Central Division. A large share of La Jolla households are in exactly this position. In ZIP code 92037, 61.5% of occupied homes are owner-occupied (U.S. Census Bureau, American Community Survey 2020-2024 5-year, table B25003). The remaining occupied homes are rented. For those households, the home at issue is a lease, not a deed.

For someone who has been sleeping in a car or on a friend's couch because the apartment no longer feels safe, this section is the part of the law that speaks most directly to getting back inside.

A Tenant's Right to End a Lease After Domestic Violence: Civil Code § 1946.7

Not everyone wants to stay. Civil Code section 1946.7 gives a tenant a right that works without any court decision about who occupies the unit. The tenant may notify the landlord that they intend to terminate the tenancy. This right applies if the tenant, a household member or an immediate family member was the victim of any of the following:

• domestic violence
• sexual assault
• stalking
• human trafficking
• abuse of an elder or a dependent adult
• a crime that caused bodily injury or death
• a crime involving the exhibition, drawing, brandishing or use of a firearm or other deadly weapon or instrument
• a crime involving force or a threat of force against the victim

The notice must be in writing. It must have one of three things attached:

1. A copy of a qualifying temporary restraining order, emergency protective order or protective order that protects the tenant, household member or family member. A Family Code order issued under the domestic violence parts of the code qualifies, as does a civil harassment order under section 527.6.
2. A copy of a written report by a peace officer. The report must state that the person filed a report alleging they are a victim of one of the listed acts.
3. Documentation from a qualified third party, in the form the statute sets out. This includes a tenant statement and a third-party statement based on information the third party received while acting in a professional capacity.

The notice period, the rent owed and the other terms are set by the statute. The details matter, and they are worth reading in the statute's full text rather than in a summary.

These are two different tools. A section 6321 or 6324 order is a court order directing who stays. Section 1946.7 is a tenant's own notice right that lets the tenant leave. A person can rely on one, the other, or both, depending on what is safe. A restraining order may still leave someone living in the same building as the person it restrains. That is a real consideration in La Jolla, where 29.9% of housing units in ZIP code 92037 are in buildings of five or more units (U.S. Census Bureau, American Community Survey 2020-2024 5-year, table B25024). For some renters, the ability to end the lease is what makes leaving possible.

How to Get a Temporary Restraining Order in San Diego

The filing location is the first fact, and for La Jolla it is fixed by the court's ZIP code list. The San Diego Superior Court lists 92037, 92038, 92039, 92092 and 92093 as filing in its Central Division.

The general sequence follows the structure of the statutes. A person asks the court for an order by filing a request that describes what happened. Because sections 6320 and 6324 both authorize ex parte orders, a judge can make a temporary order based on that request before the other party has responded. A hearing follows. At the hearing, both sides can be heard and the court decides whether to issue an order after hearing. Any request for exclusive use of the apartment, protection for household members or care of a pet is usually included in the same filing.

The court publishes its local rules and informational forms on its website at sdcourt.ca.gov. That site is the place to look for current forms and filing information. Under Family Code section 6222, there is no filing fee for a request, a response or an order to show cause that seeks to obtain, modify or enforce a domestic violence restraining order, or a related order needed to obtain or give effect to one, and no fee for a subpoena filed in connection with it.

The San Diego Family Justice Center, run by the City of San Diego, is another place to go in person. It is at 9275 Sky Park Court, Suite 300, San Diego, CA 92123, phone (619) 533-6000. The center states that it provides personalized care plans to people experiencing domestic violence, family violence, older and dependent adult abuse, strangulation, sexual assault, sex trafficking or gun violence, "regardless of age, gender, sexual orientation, income, zip code, and immigration status." Its listed walk-in hours are Monday 8 a.m. to 3 p.m. and Tuesday through Friday 8:00 a.m. to 4:00 p.m.

Some readers are on the other side of the case. If you have been served with a temporary order, the same structure applies to you. The hearing is where your side is heard. Until the court decides otherwise, the temporary order, including any order to stay out of the apartment, is in effect.

What Happens If a Restraining Order Is Violated

Penal Code section 273.6 makes an intentional and knowing violation of a protective order a misdemeanor. The punishment can be a fine of up to $1,000, up to one year in county jail, or both. The orders the section expressly applies to include:

• orders under Family Code section 6320
• orders excluding one party from the family dwelling
• orders restraining specified behavior that the court found necessary to make the order effective

It also applies to civil harassment orders under Code of Civil Procedure section 527.6.

The penalties increase in certain cases. If a violation results in physical injury, the punishment can be a fine of up to $2,000, a county jail term of 30 days to one year, or both, although the statute lets the court reduce or eliminate that 30-day minimum in limited circumstances. Under section 273.6(d), a later conviction within seven years of a prior one, for a violation involving an act of violence or a credible threat of violence, is "punishable by imprisonment in a county jail not to exceed one year, or pursuant to subdivision (h) of Section 1170." Under section 273.6(e), a later conviction for an act committed within one year of a prior conviction, where the violation results in physical injury to a victim, is punishable by a fine of up to $2,000, a county jail term of six months to one year, or both, or by imprisonment "pursuant to subdivision (h) of Section 1170." The court may reduce or eliminate the six-month minimum in limited circumstances. Under the statute, each county's prosecuting agency has primary responsibility for enforcing these orders. Whether charges are brought, and what follows, is not assured in any individual case.

In practice, a renter whose order is being violated contacts law enforcement. In an emergency, the number is 911. For non-emergencies, the San Diego Police Department lists 619-531-2000 and 858-484-3154. The Northern Division station serving La Jolla is at 4275 Eastgate Mall, phone 858-552-1700.

Local Resources for La Jolla Residents

The following resources are drawn from each organization's own official page. Each one is listed for what that page says it does.

• San Diego Family Justice Center (City of San Diego): 9275 Sky Park Court, Suite 300, San Diego, CA 92123; (619) 533-6000. The center serves people "regardless of age, gender, sexual orientation, income, zip code, and immigration status."
• San Diego Police Department, Northern Division: 4275 Eastgate Mall, San Diego, CA 92037; 858-552-1700. Its 120s service area covers La Jolla, Mission Bay, Mission Beach, Pacific Beach and Torrey Pines. In an emergency, the number is 911.
• UC San Diego Faculty and Staff Assistance Program (FSAP): FSAP offers confidential, no-fee counseling to campus-funded faculty and staff, postdocs, visiting scholars, emeriti and retirees. Family members in the employee's household are welcome to join counseling appointments, at the counselors' discretion. FSAP is located in Torrey Pines Center South, Suite 406.
• Superior Court of California, County of San Diego: local rules and informational forms at sdcourt.ca.gov. La Jolla family cases file in the Central Division.

How La Jolla Family Law Advocates Can Help

Restraining order cases often involve more than one legal question at the same time. One person may need a section 6320 order, a section 6324 decision about the apartment, and a clear view of their rights under the lease all at once. La Jolla Family Law Advocates prepares requests for domestic violence restraining orders, including requests for temporary exclusive use of a shared home. The firm also appears at the hearings that follow and advises renters on the notice right under Civil Code section 1946.7. It also represents people who have been served with a request and want their side heard.

The firm practices California family law only and is licensed in California. The firm's restraining order work sits inside its family law practice. Where a restraining order overlaps with a divorce, a custody question or support, the firm handles those issues in the same family law case.

Talk Through Your Apartment and Your Order

Each renter's situation combines facts that the statutes treat differently. Who lives in the unit and whose name is on the lease affect section 6324. The kind of conduct involved, including whether it amounts to coercive control, affects section 6320. And section 1946.7 offers a separate path for anyone whose safer choice is to leave. A conversation with the firm is a chance to set those facts against the sections that govern them and the Central Division where a La Jolla case is heard. To talk through how these rules apply to your apartment and your situation, contact La Jolla Family Law Advocates to request a confidential consultation.