Obtaining a “Kick Out” Order During a Divorce

Ventura County has one of the highest rates of reported domestic violence in California. Dealing with divorce or child custody issues often leads to stress and pain for everyone involved. There are many spouses who enter into a marriage without realizing their partner’s violent tendencies.

California allows spouses to petition a court for protective orders during divorce proceedings. These orders can help to reduce the possibility of domestic violence. When you are living with your spouse and fear that they may harm you or your children, the court can issue what is known as a “kick out order.”

“Kick out orders” are a legal way to formally kick someone out of their home for a period of time and may be issued on an emergency basis. A “kick out order” may help a victim of domestic violence to gather the strength to tell his or her abuser that they want a divorce. A “kick out order” may help a victim of domestic violence feel a bit more safe from their abuser during the dissolution of marriage process. When a “kick out order” is granted, the abusive spouse will be required to leave the family home. This order will suspend any legal right(s) the abusive spouse has to the residence. Therefore, even if the abuser is named as the tenant, the “kick out order” may require that he or she leave the property.

“Kick out orders” are not always granted. If you are going through a divorce and fear for your safety and/or your children’s safety, it may also be possible to obtain a Temporary Restraining Order against your spouse. The Temporary Restraining Order will be granted depending on the evidence presented and the danger involved.

If you have been a victim of domestic violence, or have concern that your spouse may become violent during a divorce or separation, you may be able to seek protection. It is essential that you seek legal advice immediately should you have been the victim of domestic violence or have been accused of domestic violence from your spouse. Domestic violence can have a substantial impact on issues pertaining to child custody and support in a dissolution of marriage proceeding. Diacos Law has experience obtaining Restraining Orders for victims of domestic violence and has experience successfully defending against Restraining Orders and “kick out orders.”