Q: My wife changed the locks to our house while I was gone and will not let access to our house. Family law code 753 says

A: If your spouse has changed the locks to your shared residence and is denying you access, you may be able to seek legal relief through a court order. In California, the police may enforce the law if there is a clear violation, but in some cases, you may need to go to court to get an order allowing you to enter the property.

Under Family Code Section 6320, a court can issue an order restraining a party from "molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in Section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members."

If you believe that your spouse is in violation of this code section, you can seek an order from the court that restrains her from doing so. To do this, you may need to file a motion with the court and attend a hearing to present evidence and arguments. You may wish to consult with a family law attorney to help you with this process.

Family Code section 753 pertains to the right of a spouse to exclusive use and possession of the family home during the course of dissolution proceedings or legal separation proceedings. Specifically, it provides that a party may file a request with the court for an order granting them the right to exclusive use and possession of the family home during these proceedings.

This right may be granted if the requesting party is able to demonstrate that they have a right to live in the family home, and that they would be prejudiced if they were not granted the right to exclusive use and possession. This could be demonstrated by showing that the party would be forced to leave the family home and be deprived of its use if the right were not granted, or that other circumstances exist that would make it necessary or proper to grant the right.

If the court grants the right to exclusive use and possession of the family home, it may also issue orders relating to the use of household furniture and other items in the family home. The court may also order the other party to vacate the family home, to provide the requesting party with a key or other means of access, and to refrain from interfering with the requesting party's possession or use of the home.

If one party violates such an order, the other party may file a motion for contempt of court, which can result in penalties such as fines or even jail time for the violating party.