Can I Kick My Spouse out of Our House?

San Diego, CA – Domestic abuse is a serious problem in the United States, and California is no exception. It’s estimated that 40% of Californian women will experience some sort of violence from an intimate partner in their lifetime. Furthermore, between 2009 and 2011, deaths from domestic violence rose 11%, even as the overall California homicide rate dropped.

Kick out My Spouse

Even closer to home calls for assistance related to domestic violence have been on the rise in the Escondido and San Diego areas. Thousands of incidents are reported in California each year, yet victims aren’t always sure of what they can do to protect themselves.

“It’s crucial that every Californian understand his rights when it comes to domestic violence,” states San Diego family law attorney John Griffith. “As a victim, you have the option to seek protection against an abusive spouse.”

California Family Law: Ex Parte Orders

Under California Family Code Section 6321, you may file what’s called an ex parte order, which excludes the other party from the court proceeding.

Ex parte is Latin for “from, by, or for one party” and means your spouse would not appear in front of the judge with you during motion or hearing.

Due to their nature, these orders are rare and can only be done under extreme circumstances. That means you’ll need to prove that great harm or injury would be likely if immediate action is not taken. This especially pertains to cases of domestic violence, child custody, and child endangerment.

How to Protect Yourself Legally

If there is evidence or threat of physical or emotional harm to you or any children living with you, you can use this Family Code Section 6321 to protect yourself and your children. You would file the ex parte order and attend the hearing in front of the judge.

Though the court order would be temporary, it would keep an abusive spouse out of the house for the time being. You could also file a restraining order, including a “kick out” or residence exclusion order, allowing you protection for a longer time.

It’s helpful to document any contact your spouse has with you or your children, especially when such contact is abusive or threatening in nature. Though you might want to record verbal conversations, please note that in California, consent must be given when recording. You might also want to enlist the help of friends, family, neighbors, and anyone else who understands your situation and can testify for you in court. Document everything you can so that you will be as prepared as possible in your case. Be sure to include dates and times anytime you are able.

For Non-Emergency Cases

You can also use California Family Code 6340 for non-emergency cases where you still want your spouse out of your home. Under this code, you’d still need to make a reasonable argument that some form of harm would come to your or your children if the spouse was not removed from your house.

Seeking Experienced Help

As you might have noticed, cases like these are often complicated and can be emotionally stressful and exhausting. It’s best not to go it alone, but rather to seek professional, experienced family law attorneys who can offer skilled counsel at this trying time.

To talk about your options in a domestic abuse or divorce case, schedule a free consultation with the experienced team at Griffith, Young and Lass today.  These exceptional family law attorneys can help you at a time when you need it most.

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