Under California family code, in order to further prevent domestic violence, residence exclusion, also know as “kick-out” or “move-out” order may be issued. This order can be asked only while domestic violence or dependent adult abuse restraining order cases have been filed and are in process. The order tells the restrained person to move out from where the protected person lives, whether it be a family dwelling or dwelling of another, and allows them to take only clothing and personal belongings with them until the court hearing.
These are issued if the person staying in the dwelling has a “right under color of law” to custody of the property, if the person being excluded has assaulted or threatened to assault the other person or any person under the care of that party (i.e. children), and that physical or emotional harm to those parties would result from that person staying in that dwelling.
For the person to be restrained or excluded, having the order against him or her can have very serious consequences:
• Not being able to go to certain places or to do certain things.
• Moving out of his or her home.
• Might lose the ability to see his or her children.
• It may affect his or her immigration status if he or she is trying to get a green card or a visa.
If the restrained person does not comply with the residence exclusion order, they will violate the restraining order and he or she may go to jail, or pay a fine, or both.
Residence exclusion orders can be very useful for providing victims of domestic violence with protections under the law. To assist you in your legal protection, contact Thorsteinson Law Group, your trusted and experienced divorce and family law attorney. Offices are located in Long Beach and Huntington Beach, California