|Los Angeles Domestic Violence Attorney
Family Law and Spousal Abuse Lawyer
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.
Contact a Los Angeles Domestic Violence Attorney at Law Offices of Warren R. Shiell
Call for a free consultation now 310.247.9913
© 2011 Warren R. Shiell. All rights reserved. Warren R Shiell is a Los Angeles Divorce and Family Law attorney. The information
contained in this website is an "Advertisement." It is for informational purposes only and shall not constitute legal advice. Nothing in
this Website shall be deemed to create an Attorney-Client relationship. An Attorney-Client relationship shall only be created when
this office agrees to represent a Client and a Client signs a written retainer agreement.
return to top of page < HOME
1875 Century Park East, Suite 600
Los Angeles, CA 90067
tel. (310) 247-9913
fax. (310) 276-0313