Getting a spouse removed from the residence is a frequent request of the court. A kick-our order is granted if the request is documented and done properly. Kick-out orders often are granted in cases of domestic violence. Shortly after visiting with their attorney, California victims of domestic violence can get a kick-out order of the violent spouse, who is escorted from the residence by the police.
If the person who is kicked out violates the rules that they may not reenter the residence or contact the spouse, they then face criminal prosecution. If you are dealing with a kick out order, an experienced attorney can help you.
Contact The Edmunds Law Firm to schedule a consultation with a dedicated San Diego family law attorney today.
The process can be complicated, however. A spouse requesting that the other spouse be kicked out must show that:
“The party to be excluded has assaulted or threatens to assault the other party or any other person under the care, custody or control of the other party, or any minor child of the parties or of the other party, and that physical or emotional harm would otherwise result to the other party or any person under the care, custody or control of the other party, or to any minor child of the parties or of the other party as provided in section 5102 of the California Civil Code.”
Judges require documentation of the violence. The presentation of police and hospital reports by the harmed spouse are useful in getting the kick-out order granted. Some judges grant the order only if physical harm is documented.
The court tends to hear these cases soon after they are filed so as to prevent further harm coming to either spouse or the children. Kick-out orders also often are filed by someone living with, but not married to, the other person.
Increased drug and alcohol use in the population can lead to an increase in domestic violence and more requests for kick-outs. An increase in alcohol and drug use often occurs during financial hardships and job loss. The stress of financial difficulties can lead to drug and alcohol dependencies, which can result in violence.
If you find yourself in a kick-out situation, you should contact The Edmunds Law Firm for legal advice and representation. Our San Diego family lawyers treat their clients compassionately and can help you through this painful process.
To schedule a consultation, please contact us today at (760) 634-7630.