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What is a Kick Out Order and How Does It Affect Your California Divorce?

Posted on: November 24, 2017

What is a Kick Out Order and How Does It Affect Your California Divorce?

The unfortunate reality is that domestic violence is a serious issue for too many people in California. It often leads to divorce, but the abused spouse can be afraid that their spouse is going to get violent with them during the divorce process. This is why California allows for the abused spouse to petition the court for a special protective order during the divorce. If your spouse is currently living with you and you’re afraid for your safety of that or your children, then you can petition the court to issue a kick out order.

What exactly is a kick order?

Essentially, it’s a way for the courts to kick out someone from their home for a specific period of time. They can be helpful when a person has been abused and needs time to formally file for divorce and have it granted. Once the abuser is out of the home, it can be easier for the abused to feel safe, to feel free, and to file for a divorce.

How can I get a kick out order?

Since kick out orders are one type of restraining order, it is possible to have them issued on an emergency basis. In order to get one, you must be able to show that you have the legal right to live in the home you want your spouse kicked out of, that your spouse has assaulted or threatened to assault you and / or your children, and that you and / or any children you have in the home are in danger of physical and / or emotional harm if the order isn’t granted.

How do I prove I have a legal right to live in my home?

For many people, the hardest part of getting a kick out order approved is proving that they have a legal right to live in the home. The easiest way to prove this is by showing the judge a lease or mortgage for the home. You can also show that you pay rent to the landlord, or that you’ve lived in the home for a long time. If your name isn’t on the mortgage or lease documents then it can be harder to prove you have a right to be there. Reach out to Kendall Gkikas & Mitchell, LLP at 909-482-1422 to learn more about your options.

What happens if the order is granted?

If the kick-out order is granted, then the abuser is required to get out of the home. This order suspends any rights they have to the home. Even if they’re listed on the lease or mortgage, they must leave the property after a kick-out order is granted. The judge will include either a specific period of time in which they must stay away, or a specific family law matter that must first be cleared up before they can return.

If you’re afraid to file divorce because you fear for your safety then a kick-out order may be exactly what you need. Call Kendall Gkikas & Mitchell, LLP at 909-482-1422 today to get the process started. You don’t have to be in this alone – we can help.

Kristina Kendall-Gkikas
Kendall & Gkikas LLP
143 N. Harvard Avenue, 2nd Floor
Claremont, CA, 91711 USA