Are you being abused by someone who is living in your household? Domestic violence is a very serious matter. If you are being abused by a person living with you, it is important that you seek out the knowledge and expertise of an experienced Ventura restraining order attorney at Wallin & Klarich to guide you through this difficult process and protect you from further abuse.
It is very common for a person seeking to obtain a restraining order to reside with the person who is abusing them. Along with a request for a domestic violence restraining order, you can also make a request that your alleged abuser be removed from his or her residence. If the request is granted, the person accused of abuse will have to move out of your residence. It does not matter if the residence is owned by the person accused of abuse.
The California Family Code provides two ways to remove a person who is accused of abuse from his or her residence.
Emergency Kick-Out Orders (California Family Code Section 6321)
The first method is called a “kick-out order,” which is a request made on an ex-parte or emergency basis. Under California Family Code Section 6321, a court may issue a “kick-out order” if you can show:
- Facts sufficient for the court to determine that you legally have a right to possession of the residence;
- That the person who is being excluded from the residence has assaulted or threatened to assault you or your children;
- That physical or emotional harm would otherwise result to you or your children if the person abusing you is not excluded from the residence.
Ex-parte kick-out orders can be very difficult to obtain because you have to show that you legally have a right to possession of the residence. If your ex-parte request is denied, you may have another opportunity to have the person abusing you removed from your residence. A skilled Ventura restraining order attorney will be able to help you to determine whether you can utilize further options.
Removing a Person from Your Residence (California Family Code Section 6340)
Under California Family Code Section 6340, in order to remove someone who is abusing you from your residence, you must only show that physical or emotional harm would otherwise result to you or your children if the person abusing you is not excluded from the residence.
The difference between a kick-out order and this type of request is that these requests cannot be made on an emergency basis. The other party must be given notice and an opportunity to file a response to the allegations. Thus, the judge will set up a hearing and give the person abusing you enough time to file a response before the hearing. The advantage to this type of removal request is that it does not matter who holds legal or equitable title to the residence.
Both methods for removing your abuser from your residence involve complex legal processes. You should hire a skilled Ventura family law attorney to ensure that your request to have the person abusing you removed from your residence is granted.
Call a Ventura Restraining Order Attorney Now
If you are the victim of domestic violence, you should seek out the services of a skilled domestic violence attorney immediately. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, Victorville, West Covina, Torrance and Sherman Oaks, the family law attorneys at Wallin & Klarich have been successfully helping clients obtain domestic violence restraining orders for over 30 years.
Call us today at (888) 749-7428 to add an experienced family law attorney to your team. We will be there when you call.