Los Angeles Domestic Violence Attorney
Certified Family Law Specialist


DOMESTIC VIOLENCE FAQ #5


5. "Kick out" or dwelling exclusion order?

A dwelling exclusion is often called a "kick out" or "exclusive use of home"order.
The Court must find all of the following (Fam C §6321(b)(1)-(3)):

•        Facts sufficient for the court to ascertain that the party who will stay in the
dwelling has a right under color of law to possession of the premises;

•        That the party to be excluded has assaulted or threatens to assault the other
party or any other person under the care, custody, and control of the other party, or
any minor child of the parties or of the other party; and

•        That physical or emotional harm would otherwise result to the other party, to
any person under the care, custody, and control of the other party, or to any minor
child of the parties or of the other party.


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