Staying in a home with someone who has abused or threatened to abuse you can be frightening. You might have demanded that they leave, but they may have refused. So what options do you have now? You can request a restraining order from the court to have the abusive person legally removed from your residence. The duration of the order depends on whether the court grants a temporary or permanent one. While the order is in effect, your partner or spouse must abide by the residency restrictions. If they don’t, you could call the police to have them arrested, contact the District Attorney’s Office about pursuing criminal charges, and file a contempt of court action.
How Does a Restraining Order Get Someone Removed from Your Home?
A restraining order is a method of protecting individuals from harm.
Harm can include, but is not limited to, the following:
- Physical or sexual abuse,
- Threats, or
A residence exclusion is one of the conditions you can request in a restraining order. Also referred to as a “kick out” or “move out” order, it provides that the abuser must leave a shared home. They can only return to the residence to collect clothing and personal belongings.
In addition to the abuser being removed from your home, you can also ask the court to prohibit them from contacting or harming you or going near any place you frequent (e.g., home, work, or school).
How Do You Get a Kick Out Order?
A kick out order may be included as a domestic violence restraining order provision. Domestic violence involves abuse or threatened abuse against someone with whom the abuser is in a close relationship.
Thus, you may seek a kick out order if you have been or fear you will be harmed by:
- Your spouse,
- Your domestic partner,
- Your ex-spouse,
- Someone you have separated from, or
- Dating partner.
The process for requesting to have your spouse or partner legally removed from your home involves various steps.
You must do the following:
- File forms with the court,
- Have the other person served with copies of the documents,
- Attend a hearing,
- Present your case, and
- Wait for the judge’s decision.
If the judge finds that you have been or are in imminent danger of being hurt before the hearing, they may issue a temporary restraining order. The temporary restraining order may be converted to a permanent one if the judge decides, after the hearing, that you need protection.
How Long Is a Kick Out Order Effective?
The amount of time the kick out order lasts depends on the type you are awarded. If you have a temporary restraining order, it’s valid for 20 or 25 days or until the permanent hearing is scheduled.
A permanent restraining order can last up to 5 years.
What Happens If the Abuser Violates the Order?
If your spouse or partner returns to your home while the kick out order is in effect, you can call the police. The responding officer may arrest the individual on the spot if they believe the person violated the order.
You can also contact your local District Attorney’s Office. They may look into your case to determine whether to file criminal charges against your spouse or partner.
Lastly, you can file a contempt of court action. Contempt of court means someone has willfully disobeyed the orders of a court. If your spouse or partner is found in contempt, they could face jail time.
Can a Lawyer Help with Your Case?
Although you can ask for a kick out order yourself, it may be beneficial to have an attorney assist. These matters can be complicated and emotional. You must gather and present evidence, such as photographs, witness statements, and police reports. Additionally, you may have to face your abuser at the hearing. A lawyer can provide the support you need at every stage.
At Claery & Hammond, LLP, we deliver compassionate guidance to help clients seek the protection they need. Speak with one of our Los Angeles lawyers by contacting us at (310) 817-6904.